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Negligence and New York State Law

You may hear it on TV shows and in the movies, but do you actually know what the word “negligence” means when it comes to New York State law? More importantly, if you become a victim of someone else’s negligence, what would you do? Do you know your legal rights?

There is an implied responsibility for every person to use ordinary care to protect the safety and well being of others. The failure to exercise such care in protecting others from a risk of harm could render one liable for injuries.

In New York State, civil remedies exist to hold responsible parties accountable for their negligence. For example, if you are injured in a car accident because a driver fails to use reasonable care in the operation of his vehicle, or if you are injured on someone else’s property because the owner failed to maintain the premises in a safe condition, you may be able to bring a personal injury claim to receive compensation for your injuries.

Negligence requires elimination of foreseeable and unreasonable risk but does not require the elimination of all risk. It is measured by an objective, prudent person standard. Would a prudent person text while driving? Would a prudent person leave a broken step on his stairs?  In order to sue and be compensated for negligence, there must be evidence that the defendant failed to act reasonably under the circumstances and that failure must have been a direct and proximate cause of the injuries and damages suffered.

Behind every case of negligence is a person who has been hurt. At E. Stewart Jones Hacker Murphy, our experienced attorneys have dedicated our careers to helping people obtain the compensation owed to them due to someone else’s negligence.

If you are injured and want to know if you could be compensated due to someone else’s negligence, contact the law offices of E. Stewart Jones Hacker Murphy for a free, no-obligation consultation. Our attorneys have extensive experience in handling personal injury cases across New York State, and can meet you at any of our four regional offices located in AlbanyTroySchenectady, and Saratoga Springs,