Comparative Negligence in New York Stairway Accident Claims: What You Need to Know
If you were injured in a stairway accident in New York, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. However, recovering full compensation can be challenging due to New York’s comparative negligence rule. Insurance companies and defense attorneys often try to shift blame onto the injured party to reduce the amount they must pay. Understanding how comparative negligence works in stairway accident claims can help you protect your rights and maximize your recovery. Learn more below, and contact Leandros A. Vrionedes, P.C., to discuss your case with a skilled and experienced New York stairway accident lawyer.
What Is Comparative Negligence?
Every state has some form of contributory or comparative negligence law that allows juries to allocate fault between the plaintiff and defendant in a personal injury case. New York follows a pure comparative negligence system. This means that if you are found partially responsible for your accident, your compensation will be reduced by your percentage of fault. Unlike some states that bar recovery if you are 50% or more at fault, New York allows you to recover damages even if you are 99% responsible—though your compensation will be reduced accordingly.
For example, if you suffered $100,000 in damages but were found 30% at fault, your award would be reduced by 30%, leaving you with $70,000. Insurance companies use this rule to their advantage by arguing that plaintiffs bear significant responsibility for their injuries.
How Comparative Negligence Applies to Stairway Accidents
Property owners in New York have a legal duty to maintain stairways in a safe condition. If a hazardous condition, such as broken steps, inadequate lighting, or a missing handrail, caused your fall, the owner may be held liable. However, insurers may try to argue that your own actions contributed to the accident, reducing their payout.
Here are some common comparative fault arguments that insurance companies might use in stairway accident cases:
- Not Paying Attention: The insurer may claim that you were distracted—perhaps looking at your phone or talking to someone—when you fell.
- Wearing Unsafe Footwear: They might argue that your shoes were inappropriate for stairs, such as high heels, flip-flops, or slippery soles.
- Rushing or Running: If you were moving quickly, the defense may allege that your speed made it difficult to navigate the stairs safely.
- Ignoring Warning Signs: If there was a warning sign about a hazardous condition, they may claim you failed to heed it.
- Using the Stairs Improperly: The defense may argue that you weren’t holding onto the handrail or that you skipped steps, contributing to your fall.
- Intoxication: If there is any indication that you had been drinking or using medication that impairs balance, they may use that against you.
How to Protect Your Claim
Keep in mind that the insurance company does not have the final say in determining who was at fault in a stairway accident. They may allege comparative negligence as a negotiating tactic to offer a lower settlement than what you deserve. A skilled and experienced stairway accident attorney will investigate the accident, gather evidence, and be prepared to counter the insurance company’s allegations and demand a fair settlement. If the case has to go to court, a jury will decide who was at fault, including allocating any percentage of blame to the injured victim if appropriate. Your lawyer will present strong arguments and push back against any unfounded claims of comparative fault.
To help counter this defense tactic and maximize your compensation, consider taking the following steps after a stairway accident if you are able:
- Document the Scene – Take photos or videos of the stairway, including any hazards like broken steps, poor lighting, or missing handrails.
- Report the Accident – Notify the property owner, landlord, or building management immediately and request a copy of the incident report.
- Seek Medical Attention – Getting medical care right away not only helps your recovery but also creates a record linking your injuries to the accident.
- Gather Witness Statements – If anyone saw your fall, their testimony can help dispute claims that you were at fault.
- Work with a Personal Injury Attorney – An experienced lawyer can push back against unfair comparative negligence claims and build a strong case on your behalf.
Get Legal Help After a Stairway Accident in New York
If you’ve been injured in a stairway accident, you deserve full and fair compensation. At Leandros A. Vrionedes, P.C., we understand the tactics insurance companies use to shift blame onto victims, and we fight aggressively to protect our clients’ rights. Contact us today for a free consultation to discuss your case and learn how we can help you recover the compensation you deserve.
