Negligence is often at the center of personal injury cases. There’s direct negligence, which we’ll explain below. But there’s also negligent supervision, which is not as direct but still can play a significant role in negligence cases. Read on for what you need to know.

What Is Negligence?

Simply put, negligence means someone didn’t act with reasonable care, and someone else was injured because of it. Of course, the phrase “reasonable care” ends up being open to interpretation at times.

In a legal case, there are four aspects that need to be proven in order to successfully claim negligence was the cause in a personal injury case:

• Duty of care. This is the legal requirement that people should act in such a way that they avoid injuring others. An example is someone who has an icy sidewalk but does nothing to mitigate it, and someone falls and is hurt.
• Breach of duty of care. The person with the duty of care did not behave responsibly, and someone was injured.
• Causation. The injured person must prove they wouldn’t have been injured if not for the other party’s breach of duty of care.
• Damages. There have to be actual damages for the injured party to make a personal injury claim. That can include medical bills, lost wages, and pain and suffering, among others.

As noted above, all four of these must be proven for a personal injury case to succeed. The duty of care is likely the easiest to prove, but causation is often the most difficult.

What Is Negligent Supervision?

Negligent supervision adds a second level of negligence to a personal injury case in that someone should have been supervising someone else, and because they didn’t, someone was injured. This can cover several scenarios, including lack of adequate supervision at childcare and senior facilities, an employer who ignores threats of violence in a workplace, management that doesn’t provide proper training for the use of machinery or dangerous chemicals, or truck companies that allow drivers to drive while under the influence or to falsify their driving records, to name a few.

How Is Negligent Supervision Proven?

Just as with negligence above, negligent supervision cases must prove that a company had a duty to employ only qualified or proper people and didn’t; the employees (or independent contractors) were not supervised as they should have been; and the lack of supervision led to an accident that resulted in damages.

Because these are complex cases, it’s advisable to work with experienced personal injury attorneys who know how to investigate and identify evidence that can prove negligent supervision. That can include investigating the company’s hiring and training practices, documented training and supervision, other record-keeping (especially for things like trucking companies), and, where available, video surveillance in places like childcare and senior facilities that might show either the lack of supervision or the conditions of the injury itself, or both.

What Is New York’s Law for Comparative Negligence?

Different states across the U.S. adhere to one of three types of comparative negligence laws.

• Contributory negligence. This is only used by a few states. It says that if the injured party is the slightest bit at fault in the accident, they’re not eligible to receive damages.
• Modified comparative negligence. This is the most common form of negligence used in the U.S. It says that if the injured party is either 50% or 51% (depending on the state) at fault for the accident, they can’t receive damages. But if they’re 49% or 50% at fault, they’re still eligible, although the amount they receive will be reduced by the percentage of the fault they’re assigned.
• Pure comparative negligence. This type of comparative negligence says that even if the injured party was 99% at fault for the accident, they could still receive 1% of the damages awarded.

In New York, pure comparative negligence is the law. That’s good news if the injured person is partly at fault, but it can also raise the stakes for settlement negotiations and, when necessary, a case goes to court. The parties accused of causing the injuries through their negligence will try to do whatever they can to shift as much fault onto the victim as possible so they can reduce the amount they have to pay out.

Working with knowledgeable negligence lawyers can help someone avoid being assigned a level of fault they shouldn’t have–and thus receive more damages.

What Should I Do if I Suspect Negligent Supervision Was a Factor in the Accident that Caused My Injury?

Call the Law Offices of Thomas Lavin at 718-829-7400 for a free case evaluation. Negligence is a complicated area of law that benefits from having experienced, knowledgeable attorneys working on your case, even more so when negligent supervision is involved. Our attorneys understand the complexities and know how to investigate and develop a case to deliver the best outcomes possible.

Something you should not do: Enter into communications with any other parties in the case or their attorneys or insurance representatives. Because the people you’re holding liable for the accident want to avoid responsibility as much as possible, they’ll try to get you to say something that could be interpreted as taking the fault for the accident, or they’ll try to convince you to accept a much lower settlement than you might be eligible for. No matter how they try to contact you–email, letter, phone–don’t respond, but forward the communications to your attorney.

Being injured in a slip and fall accident can be a traumatic experience. But the aftermath can be worse, especially if it involves significant out-of-pocket medical expenses or even lost wages due to being unable to work. When the accident was caused by negligence on the part of the property owner, you may be able to recover some or all of those costs as long as you can prove their liability. Here’s what you need to know.

What Are the Four Elements in Proving Negligence?

Before looking at what evidence is needed to prove liability in a slip and fall case, it’s valuable to understand how the law determines negligence. There are four elements for proving negligence, and all of them must be proven to successfully pursue damages in court.

• Duty of care. This is a concept that says the property owner had a responsibility to ensure their property was as safe as possible for anyone visiting it.
• Breach of duty of care. This says the property owner did not adhere to the duty of care. This applies when the owner either knew there were unsafe conditions and did nothing about them or should have known. For example, say there was a snowstorm. If someone slips and falls on a sidewalk right after the snow stops falling, before the owner has a chance to clear the sidewalk, the owner could claim they haven’t breached the duty of care. But if the owner doesn’t clear the snow promptly (the timing can vary by city, but in New York City, there are specific time frames), they could be accused of breach of duty.
• Causation. This is the most difficult part to prove. Causation connects the breach of duty of care to the accident. The courts will look for solid evidence of that connection.
• Damages. The injured person must show that they suffered specific damages due to the accident, whether monetary, physical, or emotional.

What Evidence Is Needed to Prove Fault in a Slip and Fall?

Collecting evidence can be tricky depending on where and what time of day these occur. If you can, taking photos or videos of the accident site as soon as it happens can be valuable. In the situation described above, showing that the property owner didn’t clear the sidewalk in the required time frame can be good evidence.

If there are eyewitnesses to the accident, try to get their names and contact information. Look at any surrounding buildings that might have security cameras that filmed the accident.

Commercial buildings may have records of safety inspections which may indicate if they’re keeping their buildings inspected and repaired on a regular basis–or not.

It may be necessary to bring in expert witnesses who can evaluate the scene and possibly re-create the conditions of the accident.

What Type of Comparative Negligence Does New York Follow?

Three types of comparative negligence are used in different states across the U.S.

• Contributory negligence. This states that if the injured person is found to be even just 1% at fault for the accident, they can’t receive any damages at all. Very few states follow this doctrine.
• Modified comparative negligence. This states that they can’t receive damages if the injured party is either 50% or 51% at fault (the percentage varies from state to state). This is the most-used type of comparative negligence in the U.S.
• Pure comparative negligence. This states that even if the injured party is found to be 99% at fault, they can still receive 1% of the damages awarded. For example, suppose someone slips and falls on an icy sidewalk that a property owner did not try to mitigate with salt or sand, but the injured person was intoxicated at the time. In that case, the court might find that the property owner had 60% of the fault, and the injured person had 40%. If the injured person were awarded $10,000 overall, they’d receive $6,000 instead.
• New York follows pure comparative negligence. That’s one of the reasons it’s essential to have an experienced slip and fall attorney working on your case because the property owner’s lawyer will likely try to shift as much fault onto you as possible in order to avoid a large payout on their end.

What Should I Do if I Was Injured in a Slip and Fall Accident?

First, see a doctor as soon as possible, even if you think your injury is minor and could heal on its own. There are many injuries, including severe ones, that don’t always exhibit symptoms right away. They can worsen if untreated. Medical records can also be used as evidence, as some injuries can be directly related to slip and fall accidents.

Then call the Law Offices of Thomas Lavin at 718-829-7400 for a free case evaluation. We’ll walk through what your options are and what evidence is needed to pursue damages. Because injuries from a slip and fall accident can lead to long-term problems that could result in significant financial losses, it’s best if you start as soon as possible.

Something not to do: Engage in communication with the property owner’s insurance representative or attorney. Their goal is to have you accept the fault for the accident or agree to a settlement far lower than you could be eligible for. Whether they call, write, or send emails, don’t respond; forward the communications to your lawyer.

It didn’t take long for rideshare companies such as Uber and Lyft to become wildly popular. Almost as quickly rose concerns over who’s responsible if a passenger is injured while using their services. The answer to that can be complicated, involving a hierarchy of insurance plans and regulations, no-fault insurance, and comparative negligence laws. Sorting through who’s responsible and how to receive the appropriate amount of damages can be daunting. Here’s a primer on what you need to know.

Will Insurance Pay for My Injuries if I Was Injured Using a Rideshare?

This is the typical result of a rideshare accident that results in the passenger being injured: Insurance steps in to cover expenses. All New York drivers, including rideshare drivers, are required to carry the following minimums:

$25,000/$50,000 bodily injury per person

$50,000/$100,000 death coverage

$10,000 property damage

However, standard auto insurance policies often don’t cover people when they’re working as rideshare drivers, only when they’re off the clock. In New York, rideshare drivers are required to have a secondary form of insurance. Uber and Lyft both have policies that cover drivers while they’re working. When a driver has accepted a ride and begins driving to the pickup point, the secondary insurance of up to $1 million is activated. Uber and Lyft sometimes provide additional coverage of $50,000 if the driver is working and has the app on looking for customers but hasn’t accepted a ride. This can come into play when a rideshare driver gets into an accident while they are waiting for work but doesn’t have an actual customer at the moment.

It becomes even more complicated if the rideshare driver turns the app off while going to pick someone up or with someone in the car. When the app is turned off, the driver is not considered to be working, and the secondary insurance doesn’t apply. Then the driver’s own insurance would be required. This can be a complicated situation, and it’s best to work with an experienced personal injury attorney who understands the nuances of dealing with multiple layers of insurance and the intricacies of business and independent contractor relationships.

It’s good to note that these insurance requirements apply if, instead of being a passenger in an Uber or Lyft, you were driving another vehicle, riding a bike, or being a pedestrian and were hit by the rideshare.

Would I Need to Sue Uber or Lyft for My Injuries?

In all likelihood, you would rarely sue the rideshare company itself. This is because Uber and Lyft drivers aren’t employees of Uber or Lyft but independent contractors. That means there’s no employer-employee relationship, which would be the basis for a lawsuit.

Instead, if a lawsuit is needed to get the proper amount of damages, your first recourse would be to sue whoever caused the accident, whether it was the rideshare driver or the driver of another vehicle. It’s pretty straightforward who’s at fault in an accident where the Uber driver was distracted and ran into a fire hydrant. There are no other cars in that situation, so the rideshare driver is responsible. It becomes harder to figure out when two or more vehicles are involved.

Is New York a No-Fault State?

Yes. That means regardless of who caused the accident, the driver’s auto insurance covers damages up to the policy limit for the driver and any passengers. So the first round of claims would go to the driver’s insurance or to the rideshare company’s insurance if the driver’s insurance doesn’t cover them while working.

What Type of Comparative Negligence Law Does New York Have?

Comparative negligence is involved in personal injuries when there is more than one party that may be at fault for the accident. In some states, if the injured person is found to be at least 50% or 51% at fault, they can’t receive any damages. Another form of negligence is contributory negligence, which ruled that any negligence at all from the injured person meant they’d receive no compensation. Few states continue to use this.

New York has what’s known as a pure comparative negligence law. That means the injured person could be found 99% at fault and still receive 1% of the damages awarded to them.

If the injuries sustained are covered by either the driver’s personal insurance or the rideshare’s secondary insurance, the no-fault rules will likely cover everything. But if the injuries are greater than any insurance company limits, the case might escalate to a court case where the court determines how to apportion the liability.

What Should I Do if I Was Injured While Riding in an Uber or Lyft?

The first thing you should do is see a doctor for a checkup, even if you feel fine. Some injuries have symptoms that don’t appear right away, including some severe injuries. It’s vital that you make sure something significant isn’t causing damage while not causing symptoms.

Then call the Law Offices of Thomas Lavin at 718-829-7400 for a free case evaluation. Our knowledgeable, experienced personal injury attorneys will help you sort out where to file claims for damages or, if necessary, pursue a lawsuit. Being injured in a car accident can be a traumatic experience, especially if the injuries are extensive. We want to help you achieve the best possible results.

Fortunately, brake failure is a relatively rare phenomenon, thanks to advances in vehicle design and manufacturing. The National Highway Traffic Safety Administration released a report in 2018 that found that faulty vehicle parts accounted for only 2% of crashes overall, and faulty brakes made up 22% of that 2%.

That’s cold comfort if you’ve been in an accident that was caused by your vehicle’s faulty brakes or those of another driver. Here’s what you need to know about accidents involving brake failures.

What Are Frequent Causes of Brake Failure?

There are several causes for brake failures, including:

• Neglect. The various components of a vehicle all have limited shelf lives. Many things need either routine, regular maintenance, or they need replacement after specific periods of use. Brakes are something that should be routinely inspected and replaced when necessary, especially if someone frequently drives on side roads that require frequent stopping. Lack of proper maintenance is one of the most common reasons brakes fail.
• Overloading. Every vehicle has a recommended weight limit for carrying passengers and cargo. Exceeding that recommended limit can put additional strain on the brakes and cause them to fail. The vehicle manufacturer should be able to provide specifics for each type of vehicle they produce
• Wet conditions. When roads are wet, especially excessively so with standing water, that water can reduce friction between the vehicle’s brake pads and rotor disks, causing them to lose traction.
• Damaged brake pads or rotor disks. These are two critical components when it comes to being able to stop or slow a vehicle safely. If either one is damaged, it can be harder to stop the vehicle. Brake pads and rotor disks should be inspected regularly and repaired or replaced when necessary.
• Hydraulic fluid issues. Hydraulic fluid can leak from the engine or brakes, and that can make it more difficult to slow or stop a vehicle.

What Are Signs of a Problem with a Vehicle’s Brakes?

The most obvious sign of problems is a decreased ability to slow or stop the vehicle.

But there are several other signs as well.

• Unusual sounds. If you hear unusual squealing, grinding, or metallic noises when tapping the brake pedal, it’s time to have the brakes checked.
• The brake light turns on. Many newer vehicles have warning lights when brakes need to be inspected.
• Fluid leaks. If you notice stains from leaking fluid under your car when it’s parked, it could mean many things–including the possibility that the brakes need repair or replacement.
• The vehicle or steering wheel vibrates when braking.
• The brake pedal has little to no resistance when you press on it.
• There’s a burning smell while driving. Again, this could be one of many things, but brake problems are possible.
• Brake pads have thinned. This is best determined by a professional. Brake pads should not become less than ¼ inch in thickness. If they reach ⅛ inch in thickness, the situation can become dangerous.

What Other Vehicle Failures Can Cause Accidents?

There are many, and most can be avoided by regular maintenance to ensure the vehicle is in safe working condition. Vehicle parts that could cause severe accidents if not maintained include:

• Steering. The steering wheel seems to “pull” or no longer has power steering capability.
• Tires. Worn tread can lead to excessive skidding and even blowouts, which can be catastrophic while driving, especially at higher speeds.
• Suspension. When a vehicle’s suspension is worn, it can cause the vehicle to vibrate or shake in such a way that the driver could lose control of the vehicle, which is particularly dangerous at higher speeds.
• Headlights and taillights. Depending on the vehicle, these are usually easy enough to fix on your own. When headlights and taillights aren’t working properly, other drivers may not see you coming or see that you’re braking to slow or stop. This is especially dangerous in low-visibility conditions, such as fog or snow.
• Windshield wipers. Being able to clearly see while driving is imperative. Worn windshield wipers will not sufficiently clear snow, ice, or water from the windshield and could allow dirt to build up, restricting vision.
• Accelerators that stick. When an accelerator sticks, someone cannot force their vehicle to slow or stop, which can be as terrifying and dangerous as having the brakes fail.
• Transmission and engine. Engines that won’t start at all, or vehicles that are slow to start or accelerate, may need tune-ups.

What Should I Do if I’m in an Accident that I Suspect Was Due to Faulty Brakes?

For any kind of accident, the first thing you should do is see a doctor, even if you feel fine. Some injuries don’t exhibit symptoms right away, some of which are serious. Then call us at 718-829-7400 for a free case evaluation. We’re experienced in dealing with accidents resulting from vehicle defaults and know what evidence we need to provide to help you receive appropriate damages.

Whether the brakes were in your vehicle or someone else’s, it’s essential that you don’t speak with or exchange written communication (emails or letters) with insurance representatives or attorneys for the other driver. Their job is to get you to accept full responsibility for the accident, so their client doesn’t have to pay anything. They could ask leading questions that could cause you to unwittingly blame yourself or your vehicle for the accident, or they could ask you to sign a settlement offer that’s much lower than you could otherwise be awarded. Refer all communications to your attorney.