Contributory Negligence in New York
State-specific overview · Tort Law
New York uses pure comparative negligence, reducing your award by your own fault percentage.
How New York treats Contributory Negligence
New York allows plaintiffs to recover even when they are more negligent than the defendant, with damages reduced proportionally to their fault percentage. Under CPLR § 1411, comparative negligence applies to all negligence claims. A plaintiff who is 80% at fault can still recover 20% of their damages from a defendant who is 20% at fault. The rule applies broadly across personal injury, product liability, and premises liability cases.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.