What is our position on liability in a motor vehicle accident case?

"New York", United States of America

The following excerpt is from Davis v. S. Nassau Cmtys. Hosp., 26 N.Y.3d 563, 26 N.Y.S.3d 231, 46 N.E.3d 614 (N.Y. 2015):

Third, our decision herein should not be construed as an erosion of the prevailing principle that courts should proceed cautiously and carefully in recognizing a duty of care. We have previously noted that, "[w]hile the temptation is always great to provide a form of relief to one who has suffered, ... the law cannot provide a remedy for every injury incurred" (Albala v. City of New York, 54 N.Y.2d 269, 274, 445 N.Y.S.2d 108, 429 N.E.2d 786 [1981] ). In other words, we have said that "[n]ot all mistakes ... result in liability" (McNulty, 100 N.Y.2d at 232, 762 N.Y.S.2d 12, 792 N.E.2d 162 ). This decision does not reflect a retreat from those principles.

Other Questions


What is the impact of a motor vehicle accident on motor vehicle use in motor vehicle accidents? (MultiRegion, United States of America)
How have courts interpreted motor vehicle legislation in the context of the motor vehicle accident law? (MultiRegion, United States of America)
What is the evidence supporting the claim that a police officer in a motor vehicle accident was killed by a passing motor vehicle? (MultiRegion, United States of America)
Can a jury find a defendant's failure to control his vehicle was a concurrent cause of accident in a motor vehicle accident? (MultiRegion, United States of America)
Can a motion to stop a motor vehicle accident be made before the trial of the motor vehicle owners? (Canada (Federal), Canada)
Does a plaintiff have to prove that they were injured in a motor vehicle accident to recover damages under section 1125(a) of the Ontario Motor Vehicle Act? (MultiRegion, United States of America)
What is the test for liability in a motor vehicle accident case? (MultiRegion, United States of America)
In a motor vehicle case brought by Verre-Weissbach, who did not hold record title to the vehicle, is liable as the true owner of the vehicle? (MultiRegion, United States of America)
In a motor vehicle accident case, where liability for negligence alone has been found, can a plaintiff seek punitive damages? (MultiRegion, United States of America)
What is the effect of a motor vehicle accident in which a motorcyclist was injured in a collision with another motor vehicle? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.