New York · Comparative Negligence

New York Comparative Negligence Rule

New York follows a pure comparative rule under N.Y. C.P.L.R. § 1411. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: New York

Rule type: Pure comparative
Max fault to recover: No cap (99%)
How recovery works: Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for New York

New York follows pure comparative negligence under C.P.L.R. § 1411. The claimant’s share of fault reduces but never bars recovery. Comparative fault is an affirmative defense the defendant must plead and prove.

Related: New York statute of limitations

New York gives you 3 years to file a personal injury lawsuit under N.Y. C.P.L.R. § 214.

See the full New York statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed New York attorney before relying on it.

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New York Comparative Negligence FAQ

What comparative negligence rule does New York follow?

New York follows a pure comparative rule under N.Y. C.P.L.R. § 1411. Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in New York?

Yes. New York uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in New York?

Insurance adjusters argue percentage of fault to reduce what they pay. Because New York is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in New York?

New York gives you 3 years to file a personal injury lawsuit under N.Y. C.P.L.R. § 214.

Where can I read the actual rule?

The controlling authority is N.Y. C.P.L.R. § 1411. The full text is available at https://www.nysenate.gov/legislation/laws/CVP/1411.

See comparative negligence rules for all 51 covered states