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Rusk, Wadlin, Heppner & Martuscello, LLP Celebrating 150 years

Hudson Valley Law Firm Frequently Asked Questions Videos

If I’m partially at fault for my injuries at a construction site, would I still be able to recover?

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Even if you yourself are partially responsible for the accident, you’re still able to sue either the owner or the contractor, or both. New York State Labor Law is a strict liability statute so if your situation falls under the purview of the statute, the owner and the contractor held strictly liable, which means they can’t use any of your own fault against you. But if you did fall into an exception of the labor laws, your situation wasn’t under it, comparative negligence principals would apply, which means that your proportion of liability would be determined and you would get the award for the amount that the owner and the contractor were liable, so if you were awarded a million dollars and found twenty percent liable for the accident, you would still be entitled to eighty percent or eight hundred thousand dollars.

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