Yes, under their general rule of comparative negligence in New York, if you as the injured person played any part in the happening of the accident, for example, not watching where you’re walking or not otherwise being careful and then you trip and fall, even though there’s a defective condition caused by someone else’s negligence, if they can show that you were partially at fault, then any award that’s granted to you will be reduced by the percentage of your own comparative fault.
For example, if you have an award for $100,000, just to use an example, but the jury finds that you were 40% at fault, then your recovery will be reduced by 40% or $40,000, and you’ll only recover the other 60.
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