How Fault Is Decided in New York Injury Cases

How fault is decided in New York

Authority: CPLR 1411; CPLR 1412; Insurance Law art. 51.

New York has long been a pure comparative fault state, and for most injury cases it still is. Under CPLR 1411(a) a claimant’s own negligence does not bar recovery; it reduces the award in proportion to their share of the fault. A plaintiff 90% responsible for their own injury can still recover 10% of their damages.

Since May 26, 2026 that is no longer true across the board. New CPLR 1411(b) carves motor-vehicle cases out: in any personal-injury action subject to Insurance Law article 51, a claimant whose culpable conduct is greater than the defendant’s — or greater than the combined culpable conduct of all defendants sued — recovers nothing at all.

So New York now runs two fault regimes side by side. Which one applies turns on whether the case is an article 51 motor-vehicle case or not.

Comparative fault is an affirmative defense. Under CPLR 1412 the defendant must plead and prove the claimant’s culpable conduct; it is not the plaintiff’s burden to disprove.

Pure comparative fault still governs

Premises liability and slip-and-fall, construction and Labor Law claims, products liability, dog bites, and wrongful-death actions — including wrongful death arising from a motor-vehicle crash.

Modified comparative fault now governs

Personal-injury actions subject to Insurance Law article 51 — the ordinary motor-vehicle injury case. Recovery is barred above 50%; at exactly 50% the claim survives and is halved.