Written by Mark S. Yagerman | NYSBA Vol. 44 No.1 | Summer 2015.

CRIMINALIZING NEGLIGENCE IN THE NEW YORK CITY ADMINISTRATIVE CODE

Fundamental to any negligence action is a showing that the defendant's conduct fell below the degree of care that a reasonable person would exercise under the circumstances. For centuries, accident caes have been evaluated by juries and triers of fact as to whether a particular action was negligent, within the meaning of the long established common law definition.