Yes, you can sue if you are at fault for an apartment injury in New York, as long as you were not 100% to blame for the accident. Under New York’s comparative negligence rule, being partially at fault does not prevent you from recovering money for a ceiling collapse or premises hazard; your total payment is simply reduced by your percentage of responsibility.
While a 2026 state law tightened fault limits for car accidents, property injury claims still follow pure comparative negligence, keeping strong legal protections in place for injured tenants.
Pure Comparative Negligence Protects Injured Tenants
What is pure comparative negligence? Pure comparative negligence is a New York rule that lets you recover money even if you were mostly at fault. Your award is simply cut by your fault percentage. You are never fully barred, even if you were 99% to blame.
Here is a simple example. Say a jury decides your case is worth $1,000,000, but finds you 40% at fault for standing under a visibly sagging ceiling. You would still recover $600,000. The landlord cannot use your small mistake to escape their much bigger failure to keep you safe.
| Your Share of Fault | Total Case Value | What You Recover |
|---|---|---|
| 0% | $1,000,000 | $1,000,000 |
| 40% | $1,000,000 | $600,000 |
| 90% | $1,000,000 | $100,000 |
The 2026 Law Changed the Fault Rule for Car Accidents Only
Did the 2026 law change the fault rule for apartment injuries? No. The 2026 law changed the fault rule for car accidents only, not for property injuries. Governor Hochul signed it as part of the state budget on May 27, 2026, and it added a new section to the law called CPLR 1411(b).
Under this new rule, a driver hurt in a crash cannot recover money if they were more at fault than the other drivers combined — in plain terms, more than 50% at fault. It applies to motor vehicle cases covered by New York’s No-Fault insurance law, for cases started on or after May 26, 2026.
Premises Liability Cases Keep the Older, Stronger Rule
Why does this matter for a ceiling collapse case? It matters because ceiling collapse and other property injury cases were left out of the 2026 change. They keep the older pure comparative negligence rule, which is far friendlier to injured people.
So the strict “51% and you get nothing” rule does not touch your apartment injury claim. You can still recover even if you share a large part of the blame. The table below shows the split.
| Case Type | Fault Rule | Can You Recover if 51% at Fault? |
|---|---|---|
| Car accident (started on/after May 26, 2026) | Modified comparative negligence | No — recovery is barred |
| Ceiling collapse/premises liability | Pure comparative negligence | Yes — reduced by your fault share |
Basso v. Miller Made Foreseeability the Real Test
Does it matter whether you were a tenant, guest, or trespasser? Not the way it used to. A 1976 court case, Basso v. Miller, changed New York law so that your label no longer decides your rights. What matters now is whether the injury was foreseeable — whether a careful owner could have seen the danger coming.
Before this case, guests and trespassers had few rights, while paying tenants had more. Basso v. Miller threw out those old labels. Today, a landlord owes reasonable care to anyone who could foreseeably be hurt by a dangerous condition. That makes it much harder for an owner to dodge responsibility based on why you were there.
Do Not Let the Landlord Blame You Out of a Case
Call (718) 275-7779 for a free case review, 24/7. Landlords and insurers love to shift blame to hold down your payout. We push back with evidence to protect your recovery. No fee unless we win. Service in English, Spanish, and Russian.
Cohen & Cohen Personal Injury Lawyers, P.C.
104-70 Queens Blvd #312, Forest Hills, NY 11375
Phone: (718) 275-7779 · Available 24/7 · Free Consultation
Common Questions About Fault and Your Claim
The landlord says the collapse was my fault. Do I still have a case?
Yes, you likely still have a case. New York’s pure comparative negligence rule lets you recover even when you share fault. Your payment is reduced by your percentage, not erased.
Does the 2026 law hurt my ceiling collapse claim?
No. The 2026 change applies only to motor vehicle cases. Ceiling collapse and other property injury claims keep the older, more protective pure comparative negligence rule.
What if I was a guest, not the tenant, when I got hurt?
You can still have a strong claim. Since Basso v. Miller, your status as a guest or tenant no longer controls the case. What matters is whether the landlord could have foreseen the danger.
Who decides my percentage of fault?
A jury decides the fault split if the case goes to trial. Before that, your lawyer uses evidence and expert testimony to argue for the lowest possible share of fault on you.
Reviewed by the attorneys at Cohen & Cohen Personal Injury Lawyers, P.C. This page is legal information, not legal advice. The 2026 law is new, and its details are still being applied by the courts, so confirm how it affects your case with a lawyer.