New York Jury Instruction - 2.2 With Comparative Negligence Defense
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FAQ
[1] Once the elements have been established, the question then shifts to whether the defendant may still avoid liability by asserting a negligence defense. The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.
There are three main types of defenses to negligence: contributory negligence, comparative negligence, and assumption of risk.
New York, however, is one of about 13 states which follows a pure comparative negligence rule. In New York, an injured plaintiff can recover from a negligent defendant regardless of the amount of fault attributed to the plaintiff.
Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury. Statute of limitations, which prevents a party from prosecuting a claim after the limitations period has expired.
There are two types of comparative negligence that are used when assessing liability: Pure comparative negligence and partial comparative negligence. Pure comparative negligence allows the plaintiff to recover even if his negligence is greater than defendant's negligence.
Under contributory negligence, the plaintiff is barred from recovering damages if they are found even partially at fault. On the contrary, under comparative negligence, a plaintiff may still recover damages. However, damages are generally reduced by the percentage of the plaintiff's fault.
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.