Understanding Negligence in Personal Injury Cases

After a serious accident or injury in the state of New York, the legal concept of negligence may determine whether you are entitled to compensation. If you can show that someone’s negligence caused your injuries and losses, you may be able to pursue a claim to seek financial recovery.

At The Law Office of Mark A. Siesel, we have represented injury victims across Westchester, New York, Bronx, Queens, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, and Sullivan counties. Whether you were hurt in a motor vehicle crash, suffered a traumatic brain injury (TBI), were attacked by a dog, or slipped and fell due to unsafe conditions, we’re here to help you make sense of your legal options, find all liable parties, and pursue fair compensation for your injuries.

We provide a free consultation to discuss your potential case in greater detail and to answer your questions. If you have been injured, schedule your free consultation by calling our law firm at (914) 428-7386 or reaching out online.

What Is Negligence?

Negligence is the legal term that refers to carelessness (on the part of an individual or entity) that results in harm. In a personal injury case, proving negligence is the foundation of establishing liability, which means showing the responsible party failed to act as a reasonable person would under similar circumstances (and showing that failure caused your injury).

To prove negligence, your attorney must establish four elements:

1. Duty of care. The defendant had a legal obligation to act with reasonable care.
2. Breach of duty. The defendant failed to meet that standard of care.
3. Causation. The defendant’s actions (or inaction) caused your injury.
4. Damages. You suffered actual harm, such as physical injury, lost wages, or medical bills.

Let’s explore negligence further with examples from the kinds of cases we handle every day.

Negligence in Motor Vehicle Accidents

Car, truck, bus, and motorcycle accidents are among the most common personal injury cases. Drivers owe a duty of care to others on the road, which includes following traffic laws, avoiding distractions, and not driving while intoxicated.

When a driver speeds, runs a red light, or texts behind the wheel, that’s a breach of duty. If that breach causes a crash that leads to injuries, they may be held legally responsible.

Premises Liability and Unsafe Conditions

Slip-and-falls, unsafe stairways, poorly maintained walkways, and other situations where someone is injured on a property can lead to premises liability claims. Property owners (including landlords, businesses, and municipalities) have a duty to maintain their premises in a reasonably safe condition. This means maintaining the property, responding appropriately to known risks, providing lighting and securing where needed, and securing pool areas and other areas where the risk of injury is high.

If someone fails to fix a broken step, remove ice from a sidewalk, or warn visitors about a dangerous condition, and that failure leads to injury, they may be held liable for negligence.

Dog Bite Cases and Negligence

In New York, dog bite cases are a little different than other personal injury claims because they follow a combination of strict liability and negligence law. A dog owner may be liable if their pet had a known “vicious propensity” and they failed to take reasonable steps to control the animal.

Even if the dog never bit anyone before, evidence such as growling, prior aggressive behavior, or failure to leash can help build a negligence claim. It can show that a dog owner knew or should have known they needed to take additional steps to protect others. If the attack occurred on someone’s property, the case might also involve premises liability principles.

Traumatic Brain Injuries and Medical Challenges

Whether the injury stems from a crash, fall, or blow to the head, a traumatic brain injury (TBI) or other brain injury can lead to long-term memory loss, cognitive changes, and emotional instability. In some cases, it can lead to permanent disability.

Proving damages in these cases requires careful coordination with medical professionals, specialists, and life care planners. These claims can be challenging because the full effect of a TBI or brain injury may not be visible right away. They are also challenging because complex medical concepts are usually involved.

If the injury occurred due to a medical error, such as a birth injury or anesthesia error, medical facilities usually take immediate steps to limit their liability. Medical professionals and facilities are also protected by powerful insurance companies. In these specific cases, plaintiffs need to prove that a healthcare provider or facility wasn’t just negligent but failed to provide the standard of care expected in that medical setting.

Comparative Negligence in New York

In New York, even if you were partially at fault for an accident, you can still recover damages through New York’s pure comparative negligence law. You can even seek damages if you were mainly responsible for the accident or your injuries. However, your compensation is reduced by your percentage of fault.

For example, if you were found 20% at fault and your total damages were $200,000, your recovery would be reduced to $160,000. Insurance companies work to exploit this rule, so having a knowledgeable attorney represent you is crucial. You need to make sure your share of responsibility is evaluated fairly and that you aren’t assigned an unfairly large percentage of fault.

How We Determine Negligence

At The Law Office of Mark A. Siesel, we take an evidence-based approach to determining whether negligence occurred and finding all liable parties. Here’s how we typically assess negligence in your case:

• We gather and preserve evidence. We secure key evidence, such as accident reports, medical records, photos of the scene, surveillance footage (if available), and witness statements. In motor vehicle cases, we may be able to retrieve black box data, traffic cam footage, and driver histories.
• We find liable parties. Once we have evidence, we carefully determine who was responsible for your injuries and we work to uncover all liable parties.
• We analyze duty and breach. We examine whether the other party had a legal duty to act in a certain way and whether they failed to meet that duty. In premises liability claims, this may include inspecting maintenance logs or incident reports. In dog bite cases, we investigate prior aggressive behavior or violations of leash laws.
• We establish causation. Next, we work to prove that the other party’s breach directly caused your injuries. This often involves reviewing medical records, working with doctors or specialists, and connecting the injury to the incident.
• We document your damages. We calculate all the ways your injury has affected your life. This includes the ways your injury has caused you harm physically, financially, and emotionally–and how it will likely impact your life in the future.
• We explore insurance coverage and financial recovery. Even with strong evidence, the ability to recover compensation often depends on the insurance policies available. We determine whether the tortfeasor has sufficient liability coverage, umbrella or excess insurance, or if additional policies (such as a resident relative’s or Workers’ Comp) may apply. In a car accident claim, we also examine whether your own supplemental underinsured motorist (SUM) coverage can be used to cover the gap when the other driver is underinsured. In severe injury cases, we may conduct an asset search to evaluate whether recovery is possible through personal or investment property, especially when insurance is limited.

Every case is unique and we always take a customized approach to every case. That’s also why we provide a free consultation to discuss your potential case in greater detail and give you an honest, informed assessment of whether negligence can be proven.

When Is Someone Found Not Negligent?

Just because you have been injured, it doesn’t automatically mean someone else is legally responsible. In personal injury law, negligence is not assumed. It must be proven. There are several scenarios where a person, business, or other entity might not be found negligent, even if an accident took place.

Here are some common examples:

• They met the standard of care. If a property owner, driver, pet owner, or other entity can prove they took reasonable steps to prevent harm they may not be held liable. For instance, if a store cleaned a spill immediately before someone slipped and documented the cleanup, they may successfully defend the claim by showing they acted responsibly.
• No causal link to the injury. Sometimes, an accident happens in the same timeframe as an injury, but the two aren’t directly connected. If medical records or expert evaluations show that your injuries stemmed from a prior condition or unrelated incident, the defendant might not be held accountable.
• The plaintiff caused the accident. Under New York’s comparative negligence law, your compensation can be reduced if you’re partially at fault. But in rare cases where the evidence overwhelmingly shows that the injured person intentionally caused the accident or is the only person responsible for the accident, the defendant may not be found negligent at all.
• Assumption of risk. In some cases, the defendant may argue that the injured person knowingly accepted the risks involved. While this doesn’t apply to all situations, it can limit or eliminate liability if clearly proven. For example, if you’re injured while playing hockey or another contact sport, defendants may claim you knew the risk. In some cases, such as when you enter an amusement park or sign up for scuba diving, you may be asked to sign a waiver. If you’re injured, you will need to work with an experienced attorney who can determine if the defendant can still be held liable.
• Lack of foreseeability. Negligence also requires that the harm be reasonably foreseeable. If the type of injury was so unusual or unexpected that a reasonable person couldn’t have anticipated it, the defendant might not be held responsible.

Defendants and their insurers will try to use these defenses, and you will need to work with an experienced attorney to make sure you can secure the compensation you need to cover your injury costs.

Injured? Call Us Now for a Free Consultation

At The Law Office of Mark A. Siesel, we take pride in building lasting relationships with our clients. Some of our clients remain friends for years after their cases are resolved. We pursue compensation aggressively, so you have the resources you need to pay for the many costs you face after a serious injury.

We provide a free consultation to discuss your potential matter in greater detail. With offices in White Plains, we proudly serve clients throughout Westchester, New York, Bronx, Queens, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, and Sullivan counties.

Reach out today if you have been injured to schedule your free consultation.