Negligence & Personal Injury Law
Experienced Bronx Personal Injury Attorneys
The law of Torts serves the purpose of eliminating dangers in our society by holding those responsible accountable. If you have been injured by the negligent acts or omissions of another, they should be held responsible. Engaging in careless or negligent conduct is not criminal behavior in the civil court system; however, people must pay monetary damages to persons hurt as a result of their own negligence. In New York, the law of comparative negligence allows people to recover even though they may bear some fault in contributing to an accident. While two drivers may share responsibility leading to an accident, each can recover to the extent of the other’s degree of fault.
In determining whether the conduct of an individual or corporation is negligent, courts employ a “reasonable man” standard. The failure to use reasonable care is negligent. Juries are often instructed to put themselves in defendant’s shoes and then decide how the reasonably prudent person would have acted. If defendant’s acts or omissions constitute a departure from what a reasonable member of the community would have done under the same circumstances, then there is negligence.
If it is determined that there was carelessness or recklessness, then it must be decided whether the negligence was a substantial factor in causing the plaintiff’s injuries or damages. If so, then the defendant is liable and the jury, judge or arbitrator must determine the value of the resulting harm.
Negligence may be either active or passive. A simple example of active negligence is a motorist who fails to stop at a red light or stop sign. Whether distracted by music, conversation, texting or cell phone, a reasonable driver must always operate his or her vehicle in a prudent fashion. The driver must obey traffic signals, maintain a proper lookout and yield to other motorists under the proper circumstances. If he or she does not, then they are negligent. An example of passive negligence is a property owner that has notice of a danger on his premises and does nothing to fix it or warn against it. Property owners have a duty to maintain their homes, buildings, stores and parking lots in reasonably good condition and to make regular inspections to eliminate dangers. The owner may be liable for failing to correct a problem of which he or she has notice and sufficient opportunity to fix. Negligence applies to all types of tort cases, including medical malpractice and products liability.
Act without delay! Contact a Bronx Injury Lawyer Today!
If you believe you may have been injured through the fault or negligence of another, please contact a dedicated Bronx personal injury attorney at our office to discuss your claim and options. Time is important when dealing with negligence cases, as statutes of limitations exist on all claims. As days and months pass, it often becomes difficult to locate witnesses and gather fresh evidence. By timely contacting an attorney, you improve your chances of reaching a successful outcome. The earlier you contact us, the sooner we can investigate your claim, preserve the evidence and take all steps necessary in order to protect your legal rights!Contact the Stern Law Firm
for experienced and dedicated legal counsel and representation in the Bronx, Kings County, Queens, Brooklyn, Manhattan, Nassau, Suffolk, and Westchester County