What if I Am Considered Partly at Fault in a Trip and Fall Accident?

A trip and fall can happen when you least expect it. One moment you’re walking along a sidewalk, through a store, or into an office building—and the next, you’re on the ground, injured and in pain. Trip and fall accidents often result in serious injuries such as broken bones, torn ligaments, or head trauma. Medical bills add up quickly, and the road to recovery can be long and frustrating.

If you were hurt in a trip and fall accident on someone else’s property in New York City, you may well be eligible to recover compensation from the negligent owner or manager of the premises. But what happens if you were partially to blame for the accident? For example, maybe you weren’t watching where you were going, or you ignored a posted warning sign. Does that mean you don’t have a case?

The short answer is no—you may still be entitled to compensation. New York law allows injured individuals to pursue a claim even if they were partly at fault for the accident. Here’s how it works.

New York’s Pure Comparative Negligence Rule

New York is one of several states that applies a rule known as pure comparative negligence in personal injury cases. This legal standard allows an injured person to recover compensation even if they were partially, or even mostly, at fault for their injuries in a trip and fall or other accident.

However, your compensation will be reduced based on your percentage of fault. If, say, a court or insurance adjuster determines that you were 30% responsible for your accident, your total compensation will be reduced by 30%.

Example: Imagine you tripped over an uneven floor tile in a grocery store and suffered a back injury. After reviewing the facts, a jury finds that the store was 70% at fault for failing to repair the hazard, while you were 30% at fault because you were looking at your phone when you fell. If your total damages are $100,000, your recovery would be reduced by 30%, and you would receive $70,000.

This system ensures that injured individuals are not unfairly denied compensation simply because they share in some of the blame. At the same time, it allows courts to assign responsibility in a way that reflects the actual circumstances of the accident.

Common Ways Shared Fault Is Alleged in Trip and Fall Accidents

In trip and fall cases, it’s not uncommon for the property owner—or their insurance company—to argue that the victim was at least partly to blame. These are some of the common arguments they may raise:

• The hazard was open and obvious.
  The defense may claim that a reasonable person would have seen the hazard and avoided it.
• The injured person was distracted.
  Looking at a phone, carrying too many bags, or otherwise not watching where you were going may be argued as evidence of comparative fault.
• Inappropriate footwear.
  Wearing shoes without proper grip or support may be cited as a contributing factor to the fall.
• Ignoring warning signs.
  If there were cones, tape, or signs warning of the hazard and you proceeded anyway, the defense may claim you assumed the risk.

While these arguments can affect the value of your claim, they don’t automatically disqualify you from recovering compensation. A skilled personal injury attorney can evaluate the facts, gather evidence, and work to show that the property owner’s negligence was the sole or primary cause of the accident.

How Fault Is Determined in New York Premises Liability Cases

To determine how fault is divided in a trip and fall claim, the court will look at all the circumstances surrounding the incident. Key considerations include:

• The nature and visibility of the hazard.
  Was it a minor defect or a significant safety issue? Was it easily noticeable, or hidden?
• The property owner’s knowledge.
  Did the property owner know—or should they have known—about the danger? Did they have time to fix it or warn visitors?
• Your conduct at the time of the accident.
  Were you behaving reasonably under the circumstances? Were you on the property legally, and were you using the area as intended?

Photographs of the scene, surveillance video, witness statements, and maintenance records can all play a role in establishing liability.

Why You Shouldn’t Assume You’re at Fault

It’s easy to blame yourself after a fall—especially if no one else was directly involved. But often, these accidents are the result of someone else’s negligence, such as:

• Failure to fix damaged walkways or flooring
• Poor lighting in hallways or stairwells
• Loose handrails or missing steps
• Unmarked hazards like cords or debris
• Wet or slippery floors without proper signage

Don’t let the property owner or their insurance company convince you that the accident was entirely your fault. Even if you feel partially responsible, you could still have a strong case.

The Importance of Legal Representation

Trip and fall cases often come down to the details. Insurance companies are quick to assign blame to injury victims in order to minimize payouts. Having a knowledgeable personal injury attorney in your corner can make a significant difference.

At Leandros A. Vrionedes, P.C., we understand how New York’s comparative fault laws work and how to present the strongest case possible. We’ll investigate the incident thoroughly, identify all liable parties, and advocate on your behalf—whether at the negotiating table or in the courtroom.

Our experienced NYC premises liability team knows how serious trip and fall injuries can be. You may be dealing with pain, lost income, and medical expenses, all while trying to recover physically and emotionally. Let us handle the legal side so you can focus on healing.

Contact a New York Trip and Fall Lawyer Today

If you were hurt in a trip and fall accident and believe you may be partially at fault, don’t give up on your right to compensation. New York law allows you to hold negligent property owners accountable—even if you share some of the blame.

After a serious injury in Manhattan, Brooklyn, Queens or The Bronx, contact Leandros A. Vrionedes, P.C., today for a free consultation. We’ll review your case, explain your legal options, and help you pursue the full and fair compensation you deserve.