Negligence in New York
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A New York fact pattern
A Brooklyn cyclist is doored. New York’s pattern jury instructions (PJI 2:10 and following) still run duty, breach, cause, harm. CPLR Article 16 can limit joint-and-several exposure for non-economic damages.
Statute of limitations
3 years
N.Y. C.P.L.R. 214(5)
From injury.
- CPLR 214(4) is injury to property, not the body. A crash that hurt you is (5).
- Toxic or latent injuries: CPLR 214-c.
- A city, county, town, village, or school district usually needs a notice of claim within 90 days (GML 50-e). The suit itself is often one year and 90 days (GML 50-i), not three years.