COVID-19 Notice: Block O'Toole & Murphy is fully operational in accordance with safety regulations provided by the CDC and local health officials.
Our attorneys continue to provide quality legal representation and are available to discuss your case over the phone, email, or video. Read more from our managing partners.
Block O'Toole & Murphy Block
O'Toole
& Murphy
Premier NY Personal Injury Lawyers

Looking at New York's pure comparative negligence doctrine, P.2

We began looking in our last post at the topic of comparative negligence. As we noted, New York uses the minority approach known as pure comparative negligence, which does not bar a plaintiff from recovering damages based on how at fault he or she is determined to be for the accident.

For a plaintiff, pure comparative negligence is a positive thing, of course, because it means that he or she still has the ability to recover damages to the extent that others are at fault for the injuries. It also means, though, that part of building a strong personal injury case is defending against accusations of contributory negligence and presenting strong evidence of the defendant's contributions to the accident. 

Comparative negligence can be an issue not only between motorists and cyclists involved in a car accident, but also between motorists and pedestrians. Readers have probably heard of the current craze involving Pokémon Go. Users of the game have suffered serious injury in several states, including New York.

Given the distracting nature of the game, there is certainly a risk that users of the game could cause or become involved in motor vehicle accidents, which could involve the issue of comparative negligence. According to legal experts, it is only a matter of time before lawsuits are filed against the company for injuries of users, and this may also involve the principles of comparative fault.

Pedestrians who are involved in any motor vehicle accident should, of course, work with an experienced attorney to receive guidance and advocacy. This is especially important, though, for those who may have had a role in causing the accident that led to their own injuries. 

Speak with a Qualified New York Injury Lawyer Today

Fill out our short online contact form for a FREE, immediate case review, or call us locally at 212-736-5300 today. The lawyers in our firm work on a contingency basis, so we do not collect any money unless we win your case.

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

Firm Awards and Honors

These are some of the publications and organizations that have recognized our firm and individual attorneys for excellence.

Learn More
Block O'Toole & Murphy - Listed in Best Lawyers - Linking Lawyers and Clients Worldwide Best Lawyers - Best Law Firms - U.S. News The National Trial Lawyers - Top 100 Trial Lawyers Super Lawyers Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum Irish Legal 100 Martindale-Hubbell - Peer Rated For Ethical Standards and Legal Ability New York Magazine - Top Verdicts & Settlements New York Law Journal www.naacp.org - NAACP Frances Pope Memorial Foundation - Love. Support. Hope. St. John's University - School of Law St. Jude Children's Research Hospital Expertise - Best Workers Compensation Attorneys New York City 2020
Call Block O'Toole & Murphy Today For Help - 212-736-5300
CLOSE MENU  X

What can we help you find?