This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in New York

In New York, if a plaintiff is partially at fault for their own injury, their damages are reduced by their share of fault, and they can recover only if that share is 50% or less. This rule, codified in N.Y. C.P.L.R. § 1411, is a pure comparative negligence standard: the court or jury determines the plaintiff's percentage of fault, then reduces the total damages by that exact percentage. Article 16 of the C.P.L.R. further limits a defendant's liability for noneconomic damages when the defendant is found to be 50% or less at fault. The worked example below illustrates how the 50% threshold applies. For your specific facts, use the DocketMath calculator to compute the allocation.

Governing authority

In New York, the damages allocation rule is set by N.Y. C.P.L.R. § 1411; N.Y. C.P.L.R. art. 16 (§§ 1600-1603). The verified packet cites N.Y. C.P.L.R. § 1411; N.Y. C.P.L.R. art. 16 (§§ 1600-1603) (https://www.nysenate.gov/legislation/laws/CVP/A14-A).

New York damages allocation: the verified value is 50% under N.Y. C.P.L.R. § 1411; N.Y. C.P.L.R. art. 16 (§§ 1600-1603). The verified packet cites N.Y. C.P.L.R. § 1411; N.Y. C.P.L.R. art. 16 (§§ 1600-1603) (https://www.nysenate.gov/legislation/laws/CVP/A14-A).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.