Under contributory negligence, the plaintiff would be barred from recovering any damages if they shared any part of the fault. Instead, New York follows the comparative negligence rule, which allows a plaintiff to recover damages if they were partly at fault, but reduces the damage award based on their share of fault. The defendant’s violation of their duty must have caused or contributed to the plaintiff’s injuries. In the driver’s case, they might have run a red light and collided with the plaintiff’s car, causing the plaintiff to suffer broken bones, bruises, and cuts. The property owner might have failed to repair a broken sidewalk despite repeated warnings, leading to the plaintiff tripping, falling, and suffering a severe sprain or broken bone.
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