What Is a Tortfeasor?

So, what is a tortfeasor? A tortfeasor is a person or business that commits a civil wrong, called a tort, and causes harm to someone else. In personal injury law, the tortfeasor is the at-fault party. Their careless, intentional, or reckless conduct led to your injury. If a tortfeasor is found liable, they may have to pay damages. That can include your medical bills, lost wages, and pain and suffering.

If you were hurt in an accident in New York City, you may have heard your attorney or an insurance adjuster use the word "tortfeasor." It sounds intimidating, but it describes something simple. The tortfeasor is the party legally responsible for causing your harm. The Orlow Firm has spent more than 40 years helping injured New Yorkers find the right tortfeasor and hold them accountable. Understanding the term helps explain why you can sue, who actually pays, and what affects how much you recover.

The word comes from "tort," meaning a civil wrong, plus the Old French "feasor," meaning a doer or maker. So a tortfeasor is, quite literally, the doer of the wrong. In a civil case, the tortfeasor is the defendant. That is the party the injured person brings a claim against.

It helps to separate a tort from a crime, because the same act can be both. A drunk driver who injures a pedestrian may face criminal charges from the state. The injured person can also file a separate civil lawsuit. The criminal case can send the driver to jail. The civil case seeks money to compensate the injured person. They run on two different tracks, with different rules and different goals.

A party usually becomes a tortfeasor through one of three kinds of conduct. The first is an intentional act, meaning they deliberately harmed someone. The second is negligence, meaning they failed to use reasonable care. The third is breaking a law that the courts treat as automatic fault. And a tortfeasor is not always one person. Companies, government agencies, contractors, landlords, and employers can all be tortfeasors.

What Kinds of Wrongful Acts Make Someone a Tortfeasor?

Torts fall into three broad categories. Most personal injury claims come from the first one.

Negligence torts are by far the most common. Negligence means failing to use the reasonable care a careful person would use in the same situation. Picture a distracted driver who rear-ends you. Or a store owner who ignores a spill. Or a contractor who skips a scaffold safety rule. Or a doctor who departs from accepted medical standards. Each one can be a negligent tortfeasor. Car accidents, slip and falls, construction injuries, and medical malpractice are all built on negligence.

Intentional torts involve deliberate harmful acts, not carelessness. Assault, battery, and false imprisonment are examples. Here the tortfeasor meant to do the act that caused harm, even if they did not intend how bad the injury would be.

Strict liability torts apply no matter how careful the tortfeasor was. Liability can attach for harm caused by a defective product, a dangerous animal, or an abnormally dangerous activity. The injured person does not have to prove the tortfeasor was careless. They only have to prove the product or activity caused the harm.

In a city the size of New York, tortfeasors take many forms. It might be the driver looking at a phone instead of the road. It might be the store owner who leaves a wet floor unmarked. It might be the general contractor who lets crews work without fall protection, the landlord who never fixes a broken staircase, or the employer who tolerates unsafe conditions on a job site.

How Do You Prove Someone Is the Tortfeasor in a New York Personal Injury Case?

To prove a particular party is the tortfeasor in a negligence case, you must establish four elements. All four must be present.

1. Duty: the party owed you a legal duty of care (for example, every driver owes other road users a duty to drive safely).
2. Breach: the party failed to meet that duty.
3. Causation: that failure actually caused your injury.
4. Damages: you suffered real harm, such as injury, medical costs, or lost income.

If any one element is missing, the claim fails. A driver may have been careless. But if their carelessness did not cause your injury, they are not the tortfeasor for your claim.

Building this proof depends on evidence. That includes eyewitness testimony, photographs and video, police or incident reports, and medical records that connect the injury to the event. Expert witnesses help too, such as accident reconstructionists, treating physicians, or engineers. Strong documentation is what separates a provable claim from a he-said-she-said dispute.

One point often surprises injured people. The burden of proof in a civil case is "a preponderance of the evidence." That means more likely than not, or just over 50 percent. It is a far lower bar than the criminal standard of "beyond a reasonable doubt." That is one reason a tortfeasor can be found liable in a civil case even if they were never charged with, or convicted of, a crime.

What Are Joint Tortfeasors and How Does New York Handle Shared Fault?

Many accidents are not caused by a single person. When two or more people or businesses are responsible for the same harm, the law calls them joint tortfeasors.

Joint tortfeasor situations are everywhere in New York personal injury cases. Two negligent drivers in a multi-car pileup can both be at fault. A property owner and an outside cleaning company can both have ignored the same spill. At a construction site, a general contractor and a subcontractor can share fault for the same dangerous condition. Identifying every responsible party matters, because each one, and each one's insurance, may add to your recovery.

New York's rules for splitting responsibility among joint tortfeasors come in part from Article 16 of the Civil Practice Law and Rules. These rules contain a distinction that most general explainers skip. It is one of the most useful things a New York plaintiff can understand.

The rule turns on the difference between two kinds of damages:

• Economic damages: concrete, measurable losses such as medical bills, lost wages, and property damage.
• Non-economic damages: losses such as pain and suffering that do not come with a receipt.

For economic damages, joint tortfeasors stay jointly and severally liable. The injured person can collect the full amount of those damages from any one of the responsible parties. It does not matter what that party's individual share of fault was. If one defendant cannot pay, another can be pursued for the whole economic loss.

For non-economic damages, CPLR § 1601 changes the picture. A defendant found 50 percent or less at fault is responsible only for its own share of the non-economic damages. A defendant found more than 50 percent at fault stays jointly and severally liable for them. Put simply, a minor player pays only its slice of pain-and-suffering damages. A mostly responsible party can be on the hook for all of it.

This distinction shapes strategy. It helps to know which defendant carries the larger share of fault. It also helps to know which damages are protected by joint and several liability. Together, those facts affect which tortfeasor an injured person focuses on.

New York law also lets defendants sort things out among themselves. Under CPLR § 1401, two or more parties liable for the same injury can seek contribution from each other. A defendant who pays more than its fair share can demand repayment from the other tortfeasors. For the injured person, the practical effect is often a crowded field. You may face multiple insurance companies, competing defense lawyers, and each tortfeasor trying to shift blame onto the others.

When Can Someone Be a Tortfeasor Without Directly Causing the Injury?

The tortfeasor is not always the person whose hands were on the wheel or whose foot slipped. New York recognizes several situations where a party who did not directly cause the harm is still legally responsible.

Vicarious liability. Under the doctrine of respondeat superior, an employer can be liable for a tort an employee commits on the job. The key question is whether the employee was acting within the scope of the work. A delivery driver who causes a crash while making a delivery usually exposes the employer to liability. That same driver running a personal errand on the weekend usually does not. Independent contractors are usually outside this rule, unless the hiring party controlled how the work was performed.

Premises liability. A property owner did not personally create the patch of ice on the walkway. But if they failed their duty to address it, they can be the tortfeasor. The wrong here is the failure to keep the property reasonably safe.

Negligent entrustment. Say a person hands a dangerous instrument, such as a car, to someone they know is unfit to use it safely. If harm follows, that person can share tortfeasor status.

Dram shop liability. New York's General Obligations Law § 11-101 allows certain claims against a business that unlawfully serves alcohol to a visibly intoxicated person who then causes injury. Whether it applies depends heavily on the specific facts. So this is an area to discuss with an attorney rather than assume.

What If I Was Partly at Fault — Can I Still Recover From the Tortfeasor?

Yes. New York follows pure comparative negligence, one of the more injured-person-friendly rules in the country.

Under CPLR § 1411, your own share of fault reduces your recovery, but it never wipes it out. Even a plaintiff found 99 percent at fault can still recover 1 percent of their damages. That is different from the "modified comparative negligence" rules in many other states. Those rules bar recovery entirely once the injured person crosses 50 or 51 percent of fault.

Consider a concrete example. A pedestrian crosses against the light while looking at a phone and is struck by a speeding driver. A jury decides the pedestrian was 30 percent at fault and the driver 70 percent. The pedestrian still recovers 70 percent of the total damages.

Because every percentage point matters, insurance companies routinely argue that the injured person shares blame. It is one of their most common tactics for cutting a payout. Thorough documentation of the tortfeasor's conduct is the best counterweight.

Car accidents add one more layer. New York is a no-fault state. So Insurance Law § 5102(d) sets a "serious injury" threshold. You must meet it before you can sue the at-fault driver for pain and suffering beyond no-fault benefits. Comparative negligence still applies once that threshold is crossed. The two rules work together rather than canceling each other out.

What Damages Can a Tortfeasor Be Required to Pay in New York?

If a tortfeasor is found liable, the law lets the injured person recover several types of compensation.

Economic (special) damages repay measurable financial losses:

• Past and future medical expenses
• Lost wages and lost earning capacity
• Property damage
• Out-of-pocket costs such as transportation to appointments, a home health aide, or assistive equipment

Non-economic (general) damages cover harm that has no invoice:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium, which a spouse or family member may claim

Punitive damages are rare. They are reserved for intentional or extremely reckless conduct, such as drunk driving or an intentional assault. Their purpose is not to compensate the injured person. It is to punish the tortfeasor and deter similar conduct.

In a car accident, no-fault coverage pays up to $50,000 in basic economic loss, no matter who was at fault. The right to pursue the tortfeasor for pain and suffering opens up only once the serious-injury threshold is met. How much an injured person recovers depends on a few things: the severity and permanence of the injury, its effect on daily life, the strength of the liability evidence, and any comparative fault assigned to the injured person.

Steps to Take After Being Injured by a Tortfeasor in New York City

If someone's wrongful act has injured you, a few early steps protect both your health and your potential claim.

1. Get medical attention right away. Prompt treatment protects your health and creates the medical record that links your injury to the incident.
2. Report the incident. Call the police for an accident, notify the property manager for a slip and fall, or tell HR for a workplace injury. Make sure a written record exists.
3. Preserve evidence. Take photos, collect witness contact information, and request surveillance footage quickly. Many stores overwrite their video within days.
4. Be careful with the tortfeasor's insurer. Avoid giving a recorded statement to the at-fault party's insurance company before you speak with your own attorney.
5. Keep everything. Save medical bills, receipts, pay stubs showing missed work, and all communications related to the incident.
6. Mind the deadline. Under CPLR § 214, the general statute of limitations for a personal injury claim in New York is three years. Other timelines differ. Wrongful death and medical malpractice have their own deadlines, and claims against government entities involve much shorter notice requirements. Because these vary, confirm the deadline that applies to your situation with an attorney.
7. Talk to a personal injury attorney. The tortfeasor's insurer has lawyers working to limit what it pays. You should have someone working for you.

Frequently Asked Questions About Tortfeasors in New York

What is a tortfeasor in simple terms?

A tortfeasor is the person or business that did something wrong and caused you harm. In an injury case, it is the at-fault party you bring a claim against, also called the defendant.

Can a company or government agency be a tortfeasor?

Yes. Corporations, contractors, landlords, and government agencies can all be tortfeasors. Claims against government entities usually come with much shorter deadlines and special notice requirements. So it is important to act quickly and speak with an attorney.

What is the difference between a tortfeasor and a defendant?

They often mean the same party. "Tortfeasor" describes the role, the one who committed the civil wrong. "Defendant" is the procedural label for whoever is being sued. Once a lawsuit is filed, the tortfeasor becomes the defendant.

Can there be more than one tortfeasor in a personal injury case?

Yes. When two or more parties share responsibility for the same harm, they are joint tortfeasors. Multi-car crashes and construction accidents often involve several at-fault parties, each with its own insurance.

How do you prove someone is a tortfeasor?

In a negligence case, you must show four things. The party owed you a duty of care, breached that duty, caused your injury, and that you suffered actual damages. Evidence such as testimony, photos, reports, medical records, and expert opinions supports each element.

Can a tortfeasor go to jail?

Not through a civil case. A personal injury claim can only result in the tortfeasor paying money. Jail time comes only from a separate criminal prosecution brought by the government. The same conduct, such as drunk driving, can lead to both a criminal case and a civil one.

What is the deadline to sue a tortfeasor in New York?

Generally, three years from the date of injury for a standard personal injury claim under CPLR § 214. Other claim types have different and sometimes much shorter deadlines, including wrongful death, medical malpractice, and claims against government entities. So confirm yours with an attorney.

Does New York's no-fault law affect my claim against a tortfeasor?

For car accidents, yes. No-fault benefits cover basic economic losses regardless of fault. But you can only sue the at-fault driver for pain and suffering if your injury meets the "serious injury" threshold under Insurance Law § 5102(d).

This article provides general information and is not legal advice. Every case is different. Speak with an attorney about your specific situation.

Sources & Official Resources

New York Laws Cited

1. CPLR § 1601 — Limited Liability of Persons Jointly Liable (Non-Economic Damages)
2. CPLR § 1401 — Contribution Among Joint Tortfeasors
3. CPLR § 1411 — Comparative Negligence (Pure Comparative Fault Rule)
4. CPLR § 214 — Statute of Limitations for Personal Injury (3 Years)
5. Insurance Law § 5102(d) — Serious Injury Threshold Definition
6. Insurance Law § 5102(a) — Basic Economic Loss ($50,000 No-Fault Limit)
7. General Obligations Law § 11-101 — Dram Shop Liability

Contact The Orlow Firm

If someone's negligence or wrongful act caused your injury in New York City, the legal system exists to hold that tortfeasor accountable. But finding the right party, gathering the evidence, and working through Article 16 and New York's comparative fault rules is rarely simple. The tortfeasor's insurer already has lawyers working to pay you as little as possible.

The Orlow Firm has helped injured New Yorkers throughout Queens and New York City for more than 40 years. We can identify every responsible party, build the proof, and pursue the full compensation you are owed.

Call (646) 647-3398 for a free consultation. We work on contingency — you pay nothing unless we win.

Se Habla Español