Contribution as a Claim in New York

Contribution is a legal claim used when multiple parties may be responsible for the same damage or injury. It allows one party who has paid more than their fair share to recover some of that cost from others who also contributed to the harm.

Imagine a construction project: a building owner hires a general contractor (GC) to manage the job. The GC, in turn, hires both an electrician and a plumber. A fire later breaks out due to faulty wiring, causing serious damage to the building. The owner sues the GC for negligence. Even though the electrician installed the faulty wiring, the GC might be held responsible simply because they were overseeing the job. In this case, the GC can seek contribution from the electrician.

The Defendant Owed a Duty of Reasonable Care Independent of a Contract

The first element in a contribution claim is that the person from whom contribution is being sought (here, the electrician) owed a duty of care, not just to the general contractor, but generally under the law. This duty cannot come only from the contract. Instead, it must be a broader legal duty to act safely and responsibly.

In the construction analogy, the electrician had a duty to install wiring safely and according to code. This duty exists regardless of what the electrician’s contract with the GC says. If the electrician’s poor wiring created a fire hazard, they may have breached a legal duty, opening the door for a contribution claim.

A Breach of Duty That Contributed to the Injuries

The second element is that the person being asked to contribute actually did something, or failed to do something, that contributed to the harm. It is not enough that they were involved in the project. Their actions must have played a role in causing the damage.

Returning to the example, if the fire was caused by improper wiring installed by the electrician, that action directly contributed to the damage the owner suffered. Even if the GC is the one being sued, the electrician’s mistake helped cause the loss. This allows the GC to seek a portion of the damages back from the electrician.

Conclusion

Contribution in New York ensures that financial responsibility is shared fairly among all parties who played a role in causing harm. Using the construction example, when the GC is sued for fire damage caused by the electrician’s faulty wiring, the GC can file a contribution claim. To win, the GC must show that the electrician had a duty to act with care and that their mistake contributed to the damage. Contribution helps prevent one party from unfairly carrying the full burden when others were also at fault.

Find the Law

“To sustain [a] claim for contribution the [claimant must] show that defendant owed it a duty of reasonable care independent of its contractual obligations . . . or that a duty was owed plaintiff as an injured party and that a breach of this duty contributed to the alleged injuries.” Phillips v. Lepow, 2008 N.Y. Slip Op. 32359, 7 (N.Y. Sup. Ct. 2008)