Negligence is the legal theory behind most personal injury claims in New York. It means someone failed to exercise the care a reasonable person would exercise under the same circumstances, and that failure caused an injury. The concept is straightforward. The application is fact-specific. Understanding what negligence looks like in real cases gives you a framework for evaluating whether the facts of your situation support a claim.
A driver who runs a red light and causes a collision
Traffic laws establish a clear standard of care. Generally, a driver who runs a red light, rolls through a stop sign, or fails to yield has violated that standard. The violation is evidence of negligence. In New York, a traffic violation that causes an accident is negligence per se in some jurisdictions — meaning the violation itself establishes the duty and breach elements of the negligence claim. The injured party still must prove causation and damages, but the liability analysis is simplified.
A property owner who fails to repair a known hazard
Property owners in New York owe a duty of reasonable care to people on their property. A broken staircase, an icy sidewalk that was not salted, a missing handrail, a wet floor without a warning sign — each of these is a condition the property owner has a duty to repair or warn about. If the owner knew about the hazard (or should have known through reasonable inspection) and failed to address it, and someone is injured as a result, the owner may be negligent. This is the basis of premises liability claims.
A construction site without required safety protections
On a construction site, negligence takes on additional legal significance because of New York Labor Law. A general contractor who fails to provide fall protection on an elevated work surface is not just negligent — the general contractor has violated a non-delegable statutory duty under Section 240 or 241(6). The liability is absolute for gravity-related hazards under Section 240. For Industrial Code violations under 241(6), the violation of the specific regulation establishes the breach. Construction site negligence cases carry some of the highest damage awards in New York personal injury law.
A doctor who misdiagnoses or fails to diagnose a condition
Medical negligence — malpractice — occurs when a healthcare provider fails to meet the standard of care that a reasonably competent provider in the same specialty would meet under the same circumstances. A failure to diagnose cancer that was visible on imaging. A surgical error that damages a nerve. A failure to monitor a patient’s vital signs post-surgery. Each of these is a departure from accepted medical practice. Proving it requires expert testimony from a physician in the same field. The statute of limitations for medical malpractice in New York is two and a half years, shorter than the three-year limit for ordinary negligence.
A commercial truck driver who violates federal safety regulations
Commercial truck drivers and their employers must comply with Federal Motor Carrier Safety Administration regulations governing hours of service, vehicle maintenance, driver fitness, and cargo securement. A driver who exceeds the legal hours of service and causes an accident while fatigued is negligent. A trucking company that fails to maintain its vehicles and a brake failure causes a collision is negligent. FMCSA violations provide clear, documented evidence of the breach.
A dog owner whose animal attacks someone
New York follows a mixed liability standard for dog bites. For a first bite, the dog owner may be liable under a negligence theory if the owner knew or should have known the dog had dangerous propensities. For subsequent bites, or if the dog has been declared dangerous under Agriculture and Markets Law Section 123, strict liability may apply. A landlord who allows a tenant to keep a dangerous dog on the premises despite complaints from other tenants may also be liable.
A municipality that fails to maintain safe road conditions
Municipalities in New York have a duty to maintain roads, sidewalks, traffic signals, and other infrastructure in a reasonably safe condition. A pothole that causes a cyclist to crash. A malfunctioning traffic signal that leads to a collision. A roadway design defect that creates a blind intersection. These are conditions the municipality has a duty to repair or address. Claims against municipalities require a notice of claim within 90 days and have a shortened statute of limitations of one year and 90 days. The municipality may also assert the defense of prior written notice — that it had no written notification of the defect before the accident.
How Schwartzapfel Holbrook evaluates negligence claims
At Schwartzapfel Holbrook, we evaluate every potential claim by identifying the duty, the breach, the causation, and the damages. The facts determine the theory. Some cases involve straightforward negligence. Others involve statutory violations that carry heightened standards of liability. Our evaluation identifies the strongest legal theory for each case and builds the evidence to support it.
Schwartzapfel Holbrook / Fighting For You