It is not unusual for a defendant in a Buffalo personal injury lawsuit to claim that a plaintiff’s injuries were, at least in part, caused by the plaintiff’s own negligence. In New York State, if the plaintiff is found to have been at least partially negligent, his or her financial compensation is reduced by the percentage of fault assigned by the jury.
Just as the injured person must prove that the defendant was negligent to recover damages, the defendant has the burden of proving that the injured party was negligent if this is being pursued as a defense. This means that the defendant is required to submit evidence to the jury in legally admissible form from which the jurors may conclude that the injured person was, at least to some degree, negligent.
Is the defendant cannot produce such evidence, the injured person is under no obligation to present evidence establishing his or her lack of negligence.
If you have suffered a personal injury due to another’s negligence, we would be happy to help you. Please feel free to call us at 716-542-5444.
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