Premises liability when an injured person is partly to blame

New Yorkers who are partially at fault for their slip-and-fall injuries may still be able to recover damages from the property owners or managers who were in control of the premises where the injuries happened. If a person shares some of the blame, his or her damages will be reduced by the percentage of fault he or she has for the accident's cause.

New York follows a pure comparative fault rule. This means that a person who is injured will be able to recover the percentage of damages attributable to the property owner or manager no matter how great of a percentage the injured person had. For example, an injured person who was 80 percent responsible for the accident may be able to recover 20 percent of the total damages in the case.

When a lawsuit is filed against more than one defendant in a slip-and-fall case, more complex issues might arise. An example might include a suit filed against both the owner of a building as well as the owner of a business that is located inside of it. If both are assigned some percentage of the fault, it may sometimes be difficult to collect from both. To help, courts might order one to pay and the other to seek reimbursement from that party.

Even if people are partly to blame for their slip-and-fall accident, they may still want to talk to a personal injury attorney about a possible premises liability lawsuit. An attorney may be able to provide an assessment of the percentage of fault that may be held by each party as well as identify all potential defendants.

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