Paris & Chaikin, PLLC
Call Right Now: 646-741-4005
Need A Ride? We offer car service to and from our office
Free Consultations Se Habla Español
View Our Practice Areas

Who is to blame with comparative liability?

If you enter someone's property, whether it is as a guest, to do business with them or for another legitimate reason, you have reasonable expectations that you won't be injured.

Business and property owners have the responsibility to maintain a safe and hazard-free environment. As a legal theory, this falls under the category of "premises liability." Claims can arise from being injured in a store when a display comes tumbling down, slipping and falling on a sidewalk slick with ice and many other incidents.

The state of New York recognizes comparative negligence as an affirmative defense to premises liability. As such, victims who are partially to blame for their own injuries reduce the liability of the responsible party by whatever percentage the court determines they were responsible. For instance, if a store display toppled down and injured you as you walked past the aisle, the store owner would be responsible for your injuries.

But if a display of canisters came crashing down on your head while you stood on the lowest shelf trying to reach something, you might be found 50 percent responsible. Whatever damages you are awarded would be slashed in half.

This concept can become quite complex, especially if multiple defendants are identified. As the burden of proof of liability rests with the plaintiff, proving the degree of liability of each defendant requires a level of skill and legal knowledge few laymen possess.

If you file a claim for damages in a premises liability case and wind up getting the runaround from the business owner or his or her insurer, you may need to consult a legal professional for assistance with the successful resolution of your claim.

Source: Findlaw, "Premises Liability: Who Is Responsible?," accessed Jan. 29, 2016

No Comments

Leave a comment
Comment Information
Luxury Car Service To And From The Office

Contact Us For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum
  • Super Lawyers
  • Best Lawyers
  • New York State | Trial Lawyers Association
  • 10 BEST 2015-2016 | 2 Years Client Satisfaction | American Institute of Personal Injury Attorneys
Paris & Chaikin, PLLC

225 W. 34th Street, Suite 2202 (14 Penn Plaza) New York, NY 10122 Phone: 646-741-4005 New York Law Office Map

Free Initial Consultation - Se Habla Español