How does comparative fault work in New York?
1. Negligence Elements. New York negligence requires duty, breach, proximate cause, and damages (Akins v. Glens Falls City Sch. Dist., 53 N.Y.2d 325). Foreseeability defines scope of duty.
2. Comparative Fault Regime. N.Y. CPLR § 1411 codifies pure comparative negligence: "the culpable conduct attributable to the claimant... shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant... bears to the culpable conduct which caused the damages." A plaintiff 95% at fault still recovers 5%.
3. Joint and Several Liability. CPLR Article 16 (§ 1601) limits J&S for noneconomic damages to defendants more than 50% at fault; defendants 50% or less are severally liable only for their share of noneconomic damages. Economic damages remain fully joint and several. Exceptions in § 1602 preserve J&S for motor vehicle Article 51, intentional torts, and certain Labor Law cases.
4. Last Clear Chance / Sudden Emergency. Subsumed into comparative fault; sudden emergency survives as a jury charge (PJI 2:14).
5. Settling Tortfeasors. General Obligations Law § 15-108 — settlement reduces verdict by greater of the settlement amount, the equitable share of fault, or stipulated amount. Settling defendant is released from contribution.
6. Statute of Repose vs SOL. Personal injury SOL is 3 years (CPLR § 214(5)). Med-mal is 2.5 years (CPLR § 214-a). Construction repose: New York has no general products repose.
7. Caps. New York has no statutory cap on noneconomic damages in negligence or med-mal cases — verdicts are reviewed under CPLR § 5501(c) "deviates materially from reasonable compensation" standard.
8. Wrongful Death Comparative. EPTL 5-4.1 actions limited to pecuniary loss; decedent's fault reduces recovery under § 1411.
9. Worker Injuries. WCL § 11 is exclusive against employer. Labor Law § 240(1) (scaffold law) and § 241(6) impose nondelegable strict liability on owners/GCs — comparative fault is not a defense to § 240(1) (Bland v. Manocherian, 66 N.Y.2d 452).
This is legal information, not legal advice.
- Construction injury potentially within Labor Law § 240(1) strict liability
- Multi-defendant case where Article 16 noneconomic apportionment is disputed
- Med-mal case with potential § 5501(c) appellate remittitur exposure
- N.Y. CPLR § 1411
- N.Y. CPLR § 1601
- N.Y. Gen. Oblig. Law § 15-108
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.