January 15th, 2026 by Hill & Moin
A hit and run accident can be one of the most frightening experiences on New York City streets. In seconds, a hit and run driver may flee the scene, leaving injured victims without contact or insurance information. Hill & Moin regularly represents individuals injured in hit and run incidents across New York City and understands how overwhelming these situations can be.
If you were involved in a hit and run in New York, acting quickly and correctly can protect both your health and your legal rights.
Step One: Seek Medical Attention Immediately
Your first priority after any accident is your health. Even if injuries are not immediately apparent, you should seek medical attention as soon as possible.
Hit and run accidents often cause:
- Serious injuries
- Head or neck trauma
- Internal injuries
- Soft tissue damage
Prompt medical treatment creates essential medical records and protects your ability to recover compensation later.
Call 911 and Report the Accident
Contact emergency services immediately after the accident. A police officer will respond and create a police report, which is critical in any hit and run case.
A police report:
- Creates an official record
- Documents the accident scene
- Helps initiate an investigation
- May assist in identifying the driver
Leaving the scene without reporting the accident can harm your claim.
Gather Evidence at the Accident Scene
If you are able, try to collect as much information as possible before leaving the scene.
Helpful evidence includes:
- Photos of the accident scene
- Property damage
- Vehicle debris
- Traffic signals and street signs
- Surveillance footage from nearby buildings
- Descriptions of the other vehicle
Even partial details can help investigators locate the hit and run driver.
Look for Witnesses and Video Footage
Witness statements and video evidence are often crucial in hit and run cases.
Try to:
- Collect contact information from witnesses
- Note nearby businesses or buildings with cameras
- Ask if anyone captured the accident on a phone or dashcam
Surveillance footage may later be obtained by your attorney.
Understand Your Insurance Coverage
Many hit and run victims assume they have no options if the driver is never found. That is not always true.
Available insurance coverage may include:
- Uninsured motorist coverage
- Personal injury protection (PIP)
- Other applicable insurance policies
These coverages can help pay medical bills, lost wages, and other damages.
Notify Your Insurance Company Carefully
You should notify your insurance carrier of the accident, but be cautious when giving statements. Insurance companies may attempt to minimize payouts or dispute injuries.
Avoid speculating about fault and consider speaking with a personal injury lawyer before providing recorded statements.
Hit and Run Accidents Are Serious Crimes in New York
Under New York law, fleeing the scene of an accident involving injury can lead to criminal charges, including felony charges in serious cases. While criminal cases are separate from personal injury claims, they may help establish fault.
Who Can Be Held Liable in a Hit and Run Case?
Liability may extend beyond the fleeing driver. Depending on the circumstances, responsible parties may include:
- The hit and run driver
- Vehicle owners
- Employers (if the driver was working)
- Other liable parties
A thorough investigation is essential to identifying all sources of compensation.
Filing a Personal Injury Claim After a Hit and Run
A personal injury claim may allow victims to recover compensation for:
- Medical expenses
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
Even when the driver is not immediately identified, legal options may still exist.
Why Legal Representation Matters
Hit and run cases are complex. They often involve:
- Missing insurance information
- Multiple insurance claims
- Surveillance footage analysis
- Strict legal timelines
An experienced attorney can guide you through the claims process and pursue maximum compensation.
Hit and Run Accidents Across New York City
From pedestrian accidents to vehicle collisions involving parked cars, hit and run accidents occur throughout New York City. High traffic density and crowded streets increase the risk of drivers fleeing the scene.
Local experience with New York traffic law and insurance practices matters when handling these cases.
Speak With Hill & Moin After a Hit and Run
If you were injured in a hit and run accident in New York City, you do not have to face the situation alone. Hill & Moin helps injury victims understand their legal options and pursue compensation, even when the at-fault driver fled the scene.
We offer a free consultation and provide experienced legal counsel for hit and run cases. Contact Hill & Moin today to discuss your case and take the next step toward protecting your rights and recovery.
January 12th, 2026 by Hill & Moin
Every day, millions of New Yorkers rely on the New York City subway system to commute, work, and travel across the city. While public transportation is essential, subway accidents and train station injuries still occur due to overcrowding, equipment failures, and inadequate safety measures. Hill & Moin represents injury victims across New York City who were hurt in subway stations, on platforms, or aboard subway trains.
If you were injured in a NYC subway accident, you may have legal options, but these cases follow strict rules that differ from typical personal injury claims.
Common Types of Subway and Train Station Accidents
Subway accident cases arise from many different situations, including:
- Slip and fall accidents on platforms or stairways
- Sudden stops that throw passengers to the ground
- Equipment failure on subway trains
- Defective doors or platform edges
- Escalator and elevator malfunctions
- Inadequate lighting or warning signs
- Operator error or unsafe train operation
Each type of accident requires a detailed investigation to determine liability.
Who Is Responsible for NYC Subway Accidents?
Most subway accident claims involve the Metropolitan Transportation Authority (MTA) or the New York City Transit Authority, both government entities responsible for operating the subway system.
However, responsibility may also extend to:
- MTA employees
- Third-party contractors
- Maintenance companies
- Equipment manufacturers
In some cases, more than one party may be responsible for a subway injury.
Government Entity Claims Are Different
Because the subway system is operated by a government entity, special legal rules apply.
One of the most important requirements is filing a Notice of Claim.
Notice of Claim Deadlines Are Strict
To pursue a subway accident claim, injured passengers must file a Notice of Claim within a short time frame—typically 90 days from the date the accident happened.
Failing to file on time can permanently bar your claim, no matter how serious your injuries are.
After the Notice of Claim:
- The transit authority may conduct an examination
- An official incident report is reviewed
- The claims process begins
Acting quickly is critical.
Proving Negligence in Subway Accident Cases
To recover compensation, injury victims must show that the transit authority or another responsible party was negligent.
This may involve proving:
- Inadequate safety measures
- Failure to repair known hazards
- Defective equipment
- Operator error
- MTA’s failure to maintain safe conditions
Official incident reports, witness statements, and maintenance records often play a key role.
Common Injuries in Subway Accidents
Subway accidents frequently cause serious injuries due to hard surfaces and crowded conditions.
Common injuries include:
- Traumatic brain injuries
- Head injuries
- Soft tissue injuries
- Fractures
- Serious back and spinal injuries
- Emotional distress
Medical records and prompt medical evaluation are essential for documenting injuries.
Medical Expenses and Lost Wages
Injury victims may face significant financial losses, including:
- Medical expenses
- Ongoing medical treatment
- Medical bills
- Lost wages or lost income
- Reduced earning capacity
A successful claim seeks to recover compensation for both immediate and long-term losses.
What To Do After a NYC Subway Accident
If you are injured in a subway or train station accident, you should:
- Seek medical attention immediately
- Report the accident to MTA staff or a police officer
- Request an official report or incident report
- Collect contact information from witnesses
- Document the accident scene if possible
These steps help preserve evidence and protect your claim.
Minor Injuries Can Still Lead to Valid Claims
Some subway injuries may not seem serious at first. Minor injuries can worsen over time, especially soft tissue injuries or head trauma.
Seeking medical attention and documenting your injuries early protects your ability to pursue compensation later.
Why Legal Representation Matters in Subway Accident Cases
Subway accident cases are complex. The transit authority is defended by experienced legal teams whose goal is to limit liability.
A subway accident lawyer can:
- Handle Notice of Claim requirements
- Conduct a thorough investigation
- Obtain official records and crash data
- Identify all responsible parties
- Pursue full compensation
Legal representation ensures deadlines are met and your rights are protected.
Subway Accident Claims Across New York City
Hill & Moin represents injury victims throughout New York City, including cases involving:
- NYC subway stations
- Subway trains
- Train platforms
- Transit facilities
Local experience with the New York subway system matters when handling claims against the MTA.
Can You Recover Compensation After a Subway Accident?
Depending on the circumstances, subway injury victims may recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
Each case depends on the facts, evidence, and compliance with legal deadlines.
Speak With Hill & Moin About Your Subway Injury Case
If you were injured in a NYC subway or train station accident, Hill & Moin can help you understand whether you have a case and what steps to take next.
We offer a free consultation and can guide you through the complex legal process involved in subway accident claims. Contact Hill & Moin today to discuss your injuries, protect your rights, and explore your options for pursuing compensation.
December 15th, 2025 by Hill & Moin
When someone suffers serious injuries in a slip and fall accident, the path to compensation isn’t always straightforward. Property owners and their insurance companies often dispute responsibility or minimize the extent of the injuries. That’s where Hill & Moin LLP, an experienced New York personal injury law firm, steps in — often using expert witnesses to help strengthen your case. Expert testimony can make the difference between a denied claim and a fair settlement.
The Role of Expert Witnesses in Slip and Fall Cases
In a slip and fall accident, determining liability can be complex. Many cases hinge on questions like:
- Was the property owner negligent in maintaining a safe environment?
- How serious are the victim’s injuries?
- Could the accident have been prevented with reasonable care?
An expert witness provides clarity on these questions. Unlike fact witnesses — who testify about what they personally saw or experienced — expert witnesses use specialized knowledge and professional training to explain what caused the accident or the extent of the injuries.
In New York slip and fall cases, these experts often come from backgrounds such as engineering, medicine, or safety compliance. Their insight helps the court and jury understand technical issues and provides objective support for your personal injury claim.
Common Types of Expert Witnesses in Slip and Fall Trials
Depending on the details of the case, several types of experts may be called to testify:
1. Accident Reconstruction Experts
These professionals analyze the physical evidence, photographs, and witness statements to reconstruct how the fall occurred. They help show that the property owner’s negligence — such as poor lighting, broken stairs, or slippery floors — caused the accident.
2. Medical Experts
Medical experts are critical in proving the connection between the fall and your injuries. They review your medical records, explain the nature of your injuries, discuss required medical treatments, and estimate future medical expenses or ongoing physical limitations.
3. Economic and Vocational Experts
If your injuries prevent you from working or earning your usual income, an economic expert can calculate lost wages and future lost income. A vocational expert may also testify about your ability to return to work or whether your injuries will permanently affect your career.
4. Safety and Building Code Experts
New York City has strict building and safety codes. A building safety expert can determine if the property owner failed to follow safety regulations — such as maintaining railings, stair treads, or warning signage — strengthening your case for negligence.
How Expert Testimony Strengthens a Personal Injury Case
In many personal injury cases, the expert witness’s testimony serves as a bridge between raw evidence and legal argument. Their ability to clarify complex issues can help judges and juries understand details that might otherwise be too technical.
For example, in a slip and fall accident involving a grocery store’s wet floor, an engineer could testify about friction coefficients — essentially, how slippery the surface was — while a medical expert might explain how that fall caused a herniated disc or traumatic brain injury.
This level of detail can make your claim far more persuasive. Insurance companies respect strong, credible evidence. Expert testimony may encourage them to offer a fair settlement before trial.
When Expert Witnesses Are Most Valuable
Not every slip and fall claim requires expert testimony, but it often makes sense in cases where:
- Liability is disputed or unclear
- The property owner denies responsibility
- Injuries are severe or long-term
- You’re claiming non-economic damages like pain and suffering
- The defense brings in their own experts
In these situations, the expertise and credibility of your witnesses can tilt the balance in your favor. Hill & Moin’s slip and fall accident attorneys carefully select experts whose backgrounds and communication skills resonate with juries.
The Costs and Benefits of Expert Witnesses
Hiring expert witnesses involves costs — for their time, analysis, and testimony — but the benefits can far outweigh the expense. Strong expert evidence can:
- Substantiate your version of events
- Increase the value of your settlement
- Counter the insurance company’s defense
- Provide an objective, professional opinion that supports your claim
At Hill & Moin LLP, the team works on a contingency fee basis, meaning you pay nothing unless they recover compensation for you. This allows clients to access high-quality experts and build powerful cases without the stress of upfront legal fees.
Choosing the Right Law Firm for Complex Slip and Fall Claims
Not all personal injury lawyers have the resources or connections to work effectively with experts. Hill & Moin LLP has decades of experience representing New York slip and fall victims, collaborating with reputable engineers, medical professionals, and economists to build compelling claims.
Their attorneys understand how to use expert testimony strategically — whether during settlement negotiations or jury trials — to pursue maximum compensation for clients.
Take Action Today with Hill & Moin LLP
If you’ve been injured in a slip and fall accident in New York, you don’t have to face the insurance company alone. With Hill & Moin LLP, you gain a dedicated team that knows how to build strong cases using evidence and expert testimony.
Call (212) 668-6000 today for a free consultation and discover why New Yorkers trust Hill & Moin to fight for justice after serious accidents.
December 11th, 2025 by Hill & Moin
When a loved one’s life is cut short because of another’s negligence, families are left not only with grief but also with mounting financial burdens. In New York, the wrongful death laws allow certain individuals to pursue compensation on behalf of the deceased person’s estate, but not everyone affected by the loss qualifies as a beneficiary.
At Hill & Moin LLP, our wrongful death attorneys have helped families across New York navigate the emotional and legal complexities of wrongful death claims. Understanding who qualifies as a beneficiary — and how damages are distributed — can make a critical difference when pursuing justice for your loved one.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit that arises when someone dies due to the carelessness, recklessness, or intentional act of another party. Common causes include car accidents, medical malpractice, construction incidents, or dangerous property conditions.
In New York, a wrongful death lawsuit allows surviving family members to seek financial compensation for their losses, including lost wages, medical bills, and funeral expenses. However, unlike some other states, New York law limits who can bring such claims and who may recover damages.
Who Can File a Wrongful Death Lawsuit in New York
Under New York law, only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death claim. This person is often named in the decedent’s will or appointed by the surrogate’s court if no will exists.
The personal representative — also called the executor or administrator — acts on behalf of the eligible beneficiaries, which typically include close family members who depended on the deceased for emotional or financial support.
This means that only one lawsuit may be filed, even if multiple family members suffered losses. The personal representative must include all potential beneficiaries in the claim.
Who Qualifies as a Beneficiary in a New York Wrongful Death Case
New York’s Estates, Powers & Trusts Law (EPTL) §5-4.1 outlines who can benefit from a wrongful death claim. The law focuses on those who were financially dependent on the deceased and who have suffered economic losses due to the death.
The following are the primary beneficiaries recognized under New York law:
- Surviving Spouse
The surviving husband or wife of the deceased is generally the first in line to recover damages. The spouse can receive compensation for:
- Lost financial support
- Lost companionship and household services
- Funeral and medical expenses
- If there are no children, the spouse may receive the entire wrongful death settlement.
- Surviving Children
If the deceased left both a spouse and children, the settlement amount is divided between them. New York courts aim to ensure a fair distribution that reflects the children’s financial dependence and expected support from their parent.
- Parents of the Deceased
If the victim was unmarried and had no children, the parents may be considered beneficiaries. This is common in cases involving younger victims, such as fatal car accidents or medical malpractice incidents.
- Siblings or Other Relatives
If the deceased had no surviving spouse, children, or parents, other relatives such as siblings, grandparents, or even nieces and nephews may qualify if they were financially dependent on the deceased.
New York’s law emphasizes economic losses over emotional suffering — meaning that damages are typically awarded to those who can demonstrate measurable financial harm.
What Types of Compensation Can Beneficiaries Receive?
Wrongful death claims in New York focus primarily on economic damages — the tangible financial losses resulting from a person’s death. Beneficiaries may be entitled to recover for:
- Medical bills related to the fatal injury or illness
- Funeral and burial expenses
- Lost wages and future income the deceased would have earned
- Loss of financial support to dependents
- Loss of services such as childcare, maintenance, or care for elderly relatives
- Loss of parental guidance for surviving children
In some cases, the estate may also recover damages for the conscious pain and suffering the deceased experienced before death, which are then distributed according to the decedent’s will or estate laws.
How Damages Are Distributed
Once a wrongful death settlement or court award is received, the personal representative distributes the funds according to the hierarchy set by New York law or the decedent’s estate plan.
Here’s a simplified breakdown of how the compensation is often distributed:
- Spouse only: 100% of the recovery
- Spouse and children: Spouse receives the first $50,000 plus half of the remaining balance; the rest is divided among the children
- Children only: Equal shares among all surviving children
- Parents only: Entire amount shared equally between parents
- Other relatives: Distributed according to estate succession laws
A New York wrongful death attorney can help ensure the distribution process is transparent and that each beneficiary receives their rightful share.
Time Limits for Filing a Wrongful Death Lawsuit
New York has a two-year statute of limitations for filing a wrongful death claim, starting from the date of the person’s death. Missing this deadline can result in the claim being permanently barred, regardless of its merit.
There are limited exceptions — for instance, if the death resulted from medical malpractice or if the personal representative was not appointed right away — but these are rare. Acting quickly to consult an attorney is essential to preserving your family’s rights.
What Makes New York’s Wrongful Death Law Unique
Unlike many other states, New York does not allow recovery for emotional suffering by surviving family members. Compensation focuses only on the financial impact of the death — such as lost income and services — rather than the grief or anguish experienced by survivors.
However, the estate can recover damages for the decedent’s pain and suffering prior to death. This distinction often surprises families, which is why professional legal guidance is so important in determining what damages apply to your specific case.
The Role of a Personal Representative
Because only the personal representative can file the claim, this individual carries significant responsibility. They must:
- File the lawsuit on behalf of all eligible beneficiaries
- Gather documentation, including medical bills and income records
- Work with attorneys to build the case and calculate damages
- Distribute funds fairly once compensation is awarded
If there is no will, the court will appoint an administrator, usually a close family member such as a spouse, adult child, or parent.
If disputes arise between beneficiaries — for example, over distribution or inclusion — a judge may intervene to ensure the settlement is divided according to state law.
How Hill & Moin LLP Can Help
Navigating a wrongful death lawsuit in New York requires both compassion and precision. At Hill & Moin LLP, our attorneys understand that your family’s focus should be on healing — not paperwork, deadlines, or legal terminology.
We handle every aspect of the claims process, from filing the Notice of Claim and gathering evidence to negotiating with insurance companies and representing you in court if necessary. Our firm ensures that all eligible beneficiaries are represented fairly and that your loved one’s story is told with dignity and strength.
We’ve helped families recover compensation after:
Our mission is simple — to secure justice and financial stability for those left behind.
Speak With a Compassionate Wrongful Death Attorney Today
If you’ve lost a loved one because of someone else’s negligence, you deserve to understand your rights and options under New York law. The attorneys at Hill & Moin LLP have decades of experience helping families file wrongful death claims and secure compensation for medical bills, lost wages, and funeral expenses.
We know how to navigate the complex legal process and ensure that every rightful beneficiary receives the financial support they deserve.
Call Hill & Moin LLP today at (212) 668-6000 for a free consultation. Let us help your family seek justice, protect your loved one’s legacy, and move forward with strength and peace of mind.
December 2nd, 2025 by Hill & Moin
Filing a claim against a private property owner in New York City can already feel complex—but when the City of New York or a government agency like the NYC Housing Authority (NYCHA) or Department of Transportation (DOT) is responsible, the process becomes even more complicated.
At Hill & Moin LLP, our attorneys have decades of experience representing New Yorkers who’ve been injured on public property, city sidewalks, or inside NYCHA-managed buildings. Unlike standard personal injury cases, claims against municipal entities come with strict deadlines, specific filing requirements, and unique investigative procedures that can determine whether your claim succeeds or fails.
Understanding how and when to file your Notice of Claim is one of the most critical parts of protecting your rights.
Common Causes of Claims Against NYCHA and the DOT
Two of the most common agencies involved in injury-related claims are NYCHA and the New York City Department of Transportation. Each has its own responsibilities and potential liabilities.
- NYCHA (New York City Housing Authority)
NYCHA manages thousands of public housing properties across the city. Unfortunately, many residents and visitors face unsafe conditions such as:
When NYCHA fails to repair hazardous conditions or ignores complaints, the agency can be held liable for resulting injuries under New York law.
- NYC Department of Transportation (DOT)
The DOT is responsible for maintaining city streets, crosswalks, traffic signals, and sidewalks. Common DOT-related injury claims include:
In both cases, the city owes a duty of care to maintain safe premises and infrastructure for the public. When that duty is breached, victims may be entitled to financial compensation for medical expenses, lost earnings, and pain and suffering.
Step 1: Filing a Notice of Claim
Before you can sue the city or any municipal agency, you must first file a Notice of Claim. This is not optional—it’s a legal requirement under New York’s General Municipal Law §50-e.
Your Notice of Claim must:
- Be submitted within 90 days of the injury or accident
- Include the date, time, and location of the incident
- Describe how the injury occurred
- Identify the municipal entity responsible (e.g., NYCHA or DOT)
- Outline the nature of your injuries and damages sought
Failure to file this notice within the deadline can result in your case being dismissed entirely—no matter how severe your injuries are.
Once your claim is submitted, the city has the right to investigate, which may include reviewing medical records, video evidence, or incident reports.
Step 2: The 50-H Hearing
After your Notice of Claim is filed, the city may schedule a 50-H hearing, which is essentially an interview conducted by city attorneys. You’ll be asked questions under oath about the accident, your injuries, and any evidence you’ve gathered.
This hearing is similar to a deposition, and it’s crucial to have your attorney present to protect your interests. Statements made during a 50-H hearing can impact your case later, especially if the city attempts to dispute your version of events.
Step 3: Filing the Lawsuit
Once the 90-day notice period has passed and your claim has been reviewed, you may proceed with filing a lawsuit against the responsible city agency.
The statute of limitations for most personal injury claims against the city is one year and 90 days from the date of the accident. However, cases involving wrongful death or property damage may have different timelines.
Your attorney will gather key evidence such as:
- Incident reports and repair requests to show prior knowledge
- Photographs and videos of the hazardous condition
- Witness statements from residents or passersby
- Maintenance logs proving the city was aware of the danger
With this documentation, your personal injury lawyer can demonstrate that NYCHA or the DOT was negligent, that their negligence caused your injuries, and that you deserve compensation.
Key Differences Between City and Private Claims
Filing a claim against the city differs from suing a private property owner in several important ways:
| Aspect |
Private Property Owner |
City or Municipal Entity |
| Deadline to File |
Up to 3 years for personal injury |
90 days to file a Notice of Claim |
| Entity to Notify |
Directly to property owner or insurance company |
Must serve proper city department (e.g., Comptroller, NYCHA, or DOT) |
| Investigation |
Conducted by private insurers |
Conducted by city investigators |
| Legal Representation |
May negotiate directly |
Must comply with strict procedural rules |
| Risk of Dismissal |
Missed deadlines can be appealed |
Late filings are rarely excused |
Because of these complexities, even a small mistake in the claims process can lead to a denied claim or lost compensation.
What Makes NYCHA Claims Especially Challenging
Claims against NYCHA can be particularly difficult due to the agency’s size and bureaucratic processes. Many residents report delays, lost paperwork, or unresponsive management when trying to report hazardous conditions like broken steps, leaks, or defective wiring.
If you’ve been injured in a NYCHA property, it’s important to:
- Report the condition immediately to building management.
- Request and keep a written copy of your complaint or maintenance request.
- Take photos of the hazard and any visible injuries.
- Document all communication with NYCHA staff or management.
Your lawyer can then use this documentation to prove that NYCHA owed a duty to repair the condition and failed to act, leading to your injuries.
Common Mistakes That Jeopardize City Claims
Even legitimate cases can be undermined by avoidable mistakes. Here are the most common pitfalls to avoid when filing a claim against the city:
- Missing the 90-Day Filing Deadline
Even if you have severe injuries, late filings are rarely accepted. Always contact an attorney as soon as possible after the accident.
- Filing the Notice With the Wrong Agency
If your injury occurred on NYCHA property, your claim must be filed with NYCHA—not DOT or another department.
- Incomplete Documentation
Missing evidence, medical records, or inaccurate details in your claim can lead to denial.
- Communicating Directly With City Representatives
Always let your attorney handle all city correspondence and settlement discussions.
- Failing to Seek Immediate Medical Care
Medical documentation not only protects your health—it’s also vital evidence of the severity of your injuries.
Types of Compensation You May Be Entitled To
If your claim is successful, you may recover compensation for:
- Medical expenses and ongoing treatment costs
- Lost income or future earnings
- Pain and suffering
- Emotional distress
- Property damage if applicable
Each case is unique, and damages depend on the extent of your injuries, the evidence gathered, and whether the city’s negligence was clearly established.
Get Legal Help From Hill & Moin LLP
Filing a claim against NYCHA, the Department of Transportation, or any New York City agency is not something you should try to handle alone. The laws are complex, the deadlines are short, and the city will have lawyers working to protect its interests—not yours.
At Hill & Moin LLP, we’ve successfully represented New Yorkers injured by city negligence for decades. Our legal team knows how to meet deadlines, gather evidence, and navigate the city’s administrative process to help you recover the compensation you deserve.
If you or a loved one were injured on NYCHA property, a city sidewalk, or in an accident caused by poor maintenance or design, our firm can help.
Call Hill & Moin LLP today at (212) 668-6000 for a free consultation. We’ll review your case, explain your rights, and help you take the next step toward justice and fair compensation.
November 24th, 2025 by Hill & Moin
At Hill & Moin LLP, our New York City personal injury lawyers have handled countless elevator and escalator accident cases involving negligent property owners and unsafe maintenance practices. In a city like New York, where millions rely on elevators and escalators daily in office buildings, train stations, and shopping malls, even a small maintenance failure can lead to catastrophic injuries.
Whether it’s a sudden stop, a malfunctioning escalator, or a jammed elevator door, these incidents often trace back to poor maintenance or a failure to comply with NYC building codes. Understanding what property owners must do to keep these systems properly maintained is key to determining liability—and protecting your legal rights after an accident.
How Elevator and Escalator Accidents Happen
Modern elevators and escalators are designed with safety devices and complex systems to protect users. However, these machines require consistent inspection and servicing. When property owners or building managers fail to meet maintenance standards, accidents happen.
Some common causes include:
- Negligent maintenance or skipped inspections
- Defective parts or outdated safety components
- Sudden stops or jerking motions due to mechanical issues
- Improper installation or repairs by unqualified contractors
- Broken or misaligned escalator steps
- Malfunctioning elevator doors that close unexpectedly
- Wet or greasy surfaces near escalators causing slip and fall accidents
In these cases, the building owner or property manager may be held liable for not ensuring a safe condition for guests and tenants.
The Duty of Property Owners in NYC
Under New York law, property owners and property managers have a legal duty to keep their premises in reasonably safe condition. This includes ensuring that elevators and escalators are properly maintained, inspected regularly, and functioning safely.
According to NYC Building Codes and the Department of Buildings (DOB):
- Elevators and escalators must undergo annual inspections and routine maintenance.
- Maintenance records must be kept and available for review.
- Safety features—such as emergency brakes, alarms, and communication systems—must be functional.
- When malfunctions are discovered, necessary repairs must be made promptly.
Failing to meet these obligations constitutes negligent maintenance, making building owners and property managers responsible for resulting personal injuries.
Common Elevator and Escalator Injuries
Victims of elevator and escalator accidents often suffer serious injuries, some of which can lead to lifelong consequences. Common examples include:
These incidents can lead to significant medical expenses, lost wages, and emotional trauma, especially when the accident could have been prevented with proper maintenance and inspection.
Elevator Safety Requirements in New York City
The New York City Department of Buildings strictly regulates elevator safety through required inspections and certifications. Property owners must ensure that elevators are:
- Inspected twice a year—once by the city and once by a certified private agency.
- Repaired immediately if defects are found during inspection.
- Updated to meet evolving NYC building codes and safety standards.
- Maintained by licensed mechanics trained to detect wear, cable corrosion, and electrical issues.
Failure to meet these standards not only endangers passengers but also opens property owners to legal liability for personal injury claims.
Escalator Maintenance Responsibilities
While elevators are more complex, escalators present their own risks—especially in crowded subway stations and department stores. The city mandates that escalators be maintained and inspected regularly, including checks for:
- Step alignment and balance
- Handrail speed synchronization
- Emergency stop button functionality
- Lubrication of moving parts
- Adequate lighting and signage
If escalator accidents occur due to missing safety plates, broken steps, or poor maintenance, both the building owner and maintenance company may share responsibility.
Proving Negligence in Elevator and Escalator Accident Cases
When an elevator or escalator accident occurs, victims must establish that negligence played a role. This typically requires showing:
- The property owner had a duty to maintain safe conditions.
- The owner or manager breached that duty through improper inspection or repair.
- The accident occurred because of that breach.
- The victim suffered personal injuries and financial losses as a result.
Evidence may include:
An experienced elevator accident lawyer can preserve critical evidence before it’s lost or destroyed—something that often happens quickly after such incidents.
Who Can Be Held Liable?
Multiple parties can be responsible for elevator and escalator accidents, including:
- Building owners who failed to ensure proper maintenance
- Property managers who ignored warning signs or inspection deadlines
- Maintenance contractors that performed negligent work
- Manufacturers of defective components
- City agencies (in limited cases) when public buildings or transit stations are involved
Each case is different, but Hill & Moin LLP investigates every party involved to ensure maximum financial recovery for clients.
What to Do After an Elevator or Escalator Accident
If you’re injured in a New York elevator or escalator accident, it’s important to act quickly to protect your rights:
- Seek immediate medical attention. Even minor injuries can worsen over time.
- Report the incident to building management or the front desk and obtain a written report.
- Take photos of the area and any visible defects or warning signs.
- Get contact information from witnesses.
- Consult a personal injury lawyer before speaking to insurance representatives.
The sooner you contact an escalator accident attorney, the stronger your case will be. Your legal team can begin investigating maintenance history, inspection results, and safety violations to build a compelling claim.
Compensation for Victims
Victims of elevator and escalator injuries in New York may be entitled to compensation for:
At Hill & Moin LLP, we work tirelessly to secure full compensation for our clients’ physical, emotional, and financial losses.
Why It Matters: Preventing Future Accidents
Proper maintenance of elevators and escalators isn’t just about avoiding lawsuits—it’s about saving lives. When property owners neglect safety, they put thousands of New Yorkers at risk every day.
By holding negligent property owners accountable, victims not only recover the compensation they deserve but also help make public and private buildings safer for everyone.
Contact Hill & Moin LLP Today
If you or a loved one was injured in an elevator or escalator accident in New York City, don’t face the aftermath alone. At Hill & Moin LLP, we have extensive experience handling complex premises liability incidents and elevator accident cases.
Our team will investigate your case, identify responsible parties, and fight to obtain the financial compensation you deserve for your medical expenses, lost wages, and emotional suffering.
Call (212) 668-6000 today to schedule your free case evaluation with one of our compassionate attorneys—or contact us online to get started.
At Hill & Moin LLP, we’re committed to protecting your rights and helping you move forward after a serious accident.
November 17th, 2025 by Hill & Moin
At Hill & Moin LLP, our premises liability attorneys understand how a relaxing hotel stay can turn into a nightmare when poor maintenance leads to a slip and fall accident. Among the most overlooked causes of serious injuries in hotels are waterproofing failures—leaks that make floors dangerously slick, particularly in hotel bathrooms, showers, and common areas.
Hotels have a legal duty to maintain safe conditions for guests. When waterproofing systems fail, and wet floors go unchecked, these dangerous conditions can lead to devastating slip and fall accidents. Determining whether the hotel owner or building contractor is responsible often requires an in-depth investigation into how the accident occurred and whether proper waterproofing and maintenance were in place.
The Hidden Dangers of Hotel Leaks
Most hotel guests expect rooms and facilities to be properly maintained, but leaks and water infiltration are far more common than many realize. A failed waterproofing membrane or improper seal around showers, bathtubs, or ceilings can lead to water intrusion into walls and flooring.
When moisture intrusion occurs, it creates a dangerous condition under the surface. As water seeps through tiles or flooring, it can cause hidden swelling, mold growth, and eventual structural deterioration. Even a small leak can turn an area into a slippery floor hazard capable of causing serious injury to unsuspecting guests.
Common Locations for Slip and Fall Accidents in Hotels
Water-related slip and fall accidents happen in many areas of hotels—not just in hotel showers or bathrooms. Some of the most frequent danger zones include:
- Guest bathrooms, where leaks from showers, tubs, or grab bars loosen tiles.
- Hotel lobbies with polished marble or tile floors that become slippery from tracked-in water.
- Hallways and common areas, where water damage from failed waterproofing spreads beneath carpet or flooring.
- Pool decks and spa areas, where improper waterproofing products or poor drainage cause standing water.
- Ceilings and walls affected by leaks from upper floors.
In all these areas, hotel management must act promptly to inspect and address unsafe conditions. When they don’t, they can be held liable for resulting slip and fall injuries.
How Waterproofing Failures Happen
Waterproofing membranes and sealants are essential components of a building’s safety system. When these systems fail, it’s often due to one or more of the following issues:
- Improper installation during construction – Builders may use incorrect materials or skip sealing around drains and joints.
- Aging or deteriorating waterproofing systems – Over time, wear and tear can compromise protection.
- Lack of regular inspections – Hotels are responsible for ongoing maintenance to prevent leaks.
- Poor design intent – Some hotel layouts make it difficult to prevent water intrusion, especially in older buildings.
- Inadequate response to prior complaints – When management ignores guest reports of wet floors or leaking fixtures, it strengthens the case for negligence.
These failures create a chain reaction: water spreads beneath flooring, weakens adhesive layers, and leaves slippery surfaces that cause guests to lose footing.
Proving Negligence in a Hotel Slip and Fall Case
To hold a hotel owner or property manager accountable, your slip and fall accident attorney must prove that the hotel breached its duty of care. Under premises liability law, a hotel has a legal duty to inspect, maintain, and repair areas where hazards may exist.
A successful slip and fall claim must establish that:
- The hotel had actual notice (knew of the condition) or constructive notice (should have known through regular inspections).
- The dangerous condition—like a leaking shower or wet floor—was not corrected in a timely manner.
- The accident occurred as a direct result of that failure to maintain the property.
- The guest suffered serious injuries, medical bills, and other damages.
Evidence such as maintenance logs, water testing results, and inspection reports can be crucial in proving negligence. A knowledgeable attorney will gather evidence, interview witnesses, and consult experts to show that hotel management failed to take reasonable care to prevent slip and fall accidents.
Common Injuries in Hotel Slip and Fall Accidents
The consequences of a single slip and fall can be severe, especially on hard surfaces like tile or marble. Common injuries sustained include:
These serious injuries can result in lasting physical limitations, significant medical expenses, and emotional distress. Victims may also lose time from work, leading to lost wages and financial strain.
Potentially Liable Parties
Hotel injury cases can be complex because multiple parties involved may share responsibility for the accident. Potentially liable parties include:
- The hotel owner or hotel management company for failure to inspect or repair leaks.
- Building contractors or construction companies responsible for defective waterproofing systems.
- Maintenance crews that ignored guest complaints or did not install rubber mats or warning signs.
- Product manufacturers that produced defective waterproofing membranes or sealants.
An experienced law firm can help identify every responsible party, ensuring that no one escapes accountability for their role in causing a slip and fall accident.
The Role of Evidence and Documentation
In hotel slip and fall claims, timing and documentation are critical. After an accident, victims should:
- Officially report the fall to the hotel’s front desk or manager immediately.
- Request a copy of the incident report.
- Take photos of the accident scene, showing wet floors, leaks, or poor lighting.
- Save receipts, hotel records, and any relevant emails or complaint forms.
- Obtain medical records documenting your injuries and treatment.
A skilled personal injury attorney will review these materials and may also consult construction or waterproofing experts to show how the failure occurred and how it violated industry standards.
Legal Defenses Hotels May Use
Hotels and their insurance companies often try to avoid paying fair compensation by arguing that the guest caused or contributed to their own accident. Common defenses include:
- Claiming the hotel had no notice of the leak or hazard.
- Arguing the guest ignored warning signs or acted carelessly.
- Suggesting that weather conditions or other factors caused the water.
- Asserting comparative negligence, reducing liability based on shared fault.
However, these defenses often fail when evidence shows the hotel failed to conduct regular inspections, repair defects, or maintain waterproofing systems properly.
Recoverable Damages in Hotel Slip and Fall Cases
Victims of hotel slip and fall accidents caused by waterproofing failures may be entitled to compensation for:
- Medical bills and rehabilitation costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Future medical expenses related to ongoing treatment
When a building owner or hotel management ignores known leaks or failing waterproofing, they can be held liable for every resulting harm.
Why Legal Representation Matters
Proving premises liability in hotel leak cases requires detailed understanding of construction standards, waterproofing systems, and legal duty. At Hill & Moin LLP, our team has decades of experience representing injured guests across New York and beyond.
We know how to trace the root cause of slip and fall accidents, identify parties responsible, and present compelling evidence of negligence. Our attorneys handle every stage of the legal process—from investigation and negotiation to litigation—so victims can focus on recovery.
Seek Legal Help After a Hotel Slip and Fall
If you or a loved one suffered injuries due to hotel waterproofing failures, don’t wait to get the legal support you need. These cases are time-sensitive, and early action helps preserve evidence and protect your rights.
Hill & Moin LLP can help you understand your legal options, determine liability, and fight for the compensation you deserve. Schedule your free consultation today to speak directly with a caring and experienced attorney.
Call (212) 668-6000 or contact us online to learn how our firm can help you seek justice and rebuild your life after a serious slip and fall injury.
At Hill & Moin LLP, we don’t just handle cases—we help people move forward with confidence and peace of mind.
November 10th, 2025 by Hill & Moin
At Hill & Moin LLP, our personal injury attorneys have represented countless families whose lives were changed by swimming pool accidents and playground injuries on private property. These cases often raise difficult questions about responsibility and liability. If an accident occurred at someone’s home, who can be held accountable? And are property owners always legally responsible when someone gets hurt?
Understanding the rules surrounding premises liability and the available legal defenses can make a major difference in how these cases unfold. Whether your child was injured on playground equipment at a private residence or you were hurt in a backyard pool, knowing your rights under the law—and what the property owner’s legal duty was—is critical to pursuing fair compensation.
The Legal Foundation: Duty of Care on Private Property
Every property owner—from homeowners to landlords—owes a duty of care to those who enter their property. In general, this duty means the owner must take reasonable steps to maintain a safe environment and prevent foreseeable harm.
Under premises liability law, the extent of this duty depends on the visitor’s legal status:
- Invitees (guests invited for mutual benefit, such as customers) must be protected from known and potential hazards.
- Licensees (social guests) must be warned about hidden dangers the owner knows about.
- Trespassers are generally not owed a duty of care—unless they are children drawn to a property by something attractive yet dangerous, such as a pool.
That last scenario falls under the attractive nuisance doctrine, one of the most important legal principles in pool and playground accident cases.
The Attractive Nuisance Doctrine: Protecting Children
A swimming pool, trampoline, or playset may seem like harmless fun—but legally, they can be considered “attractive nuisances.” This means that if a property owner knows that children might be drawn to these features, they have a responsibility to prevent access and protect kids from harm—even if those children were trespassing.
Examples include:
- Unfenced swimming pools that children can access easily
- Broken equipment or malfunctioning playground structures
- Diving boards or slides with inadequate supervision
- Backyard pools left uncovered or without proper signage
If a child is hurt in one of these situations, the private property owner can be held liable for failing to take reasonable care to secure their property.
Common Injuries from Pool and Playground Accidents
Both swimming pool accidents and playground injuries can result in serious injuries, especially in cases involving young children. Common outcomes include:
Victims may face long-term medical expenses, physical therapy, and emotional trauma. When these injuries result from a property owner’s negligence, victims have the right to file a premises liability claim to recover damages.
Determining Negligence in Pool and Playground Cases
For a premises liability claim to succeed, the injured party must show that the property owner failed to meet their legal responsibility to maintain a safe environment. This typically involves proving:
- The property owner owed the injured party a duty of care.
- The property owner breached that duty by failing to correct or warn of unsafe conditions.
- The breach caused the accident and the injuries sustained.
- The injured person suffered measurable damages such as medical bills, lost wages, or emotional distress.
For example, if a pool owner knew that the ladder to their pool was broken but failed to repair it, and a guest slipped and fell, that could constitute property owner’s negligence.
Similarly, if a playground accident occurs because playground equipment was rusted or unstable, and the homeowner ignored maintenance needs, they may be found legally responsible.
Legal Defenses for Property Owners
Not every injury on private property results in liability. Property owners and their attorneys may raise several legal defenses to argue that they acted reasonably or that the injured person contributed to the accident.
1. Lack of Negligence
The property owner might claim they took all reasonable steps to ensure safety—such as maintaining the pool, posting warnings, or repairing equipment. If an accident happened despite these precautions, they may argue it was a true accident, not negligence.
2. Comparative Negligence
Under comparative negligence laws, if the injured person shares responsibility for the accident, their compensation may be reduced proportionally. For instance, if an adult guest ignored posted warnings or used playground equipment unsafely, they could be found partially at fault.
3. No Legal Duty
In some cases, the owner may argue that the injured person was a trespasser and that they owed them no duty of care. However, this defense is limited when children are involved due to the attractive nuisance doctrine.
4. Assumption of Risk
If the injured person willingly engaged in an activity they knew was risky—such as diving into a shallow pool—they may be seen as having assumed the risk, weakening their case for compensation.
5. Third-Party Responsibility
Sometimes, accidents are caused by negligent parties other than the homeowner. A manufacturer could be responsible for a defective pool drain or a contractor for poor installation. Identifying all responsible parties is key to pursuing fair compensation.
Evidence That Strengthens a Premises Liability Claim
If you or a loved one was injured, gathering strong evidence can make the difference between winning and losing your case. Useful evidence includes:
- Photos and videos of the accident scene
- Proof of unsafe conditions (broken steps, missing fences, debris, etc.)
- Witness statements
- Medical records documenting injuries sustained
- Maintenance records or proof of prior complaints
- Statements from experts in premises safety or accident reconstruction
A skilled law firm will help you collect and analyze this evidence to establish negligence and hold negligent parties accountable.
Cases Involving Children: Special Legal Considerations
When cases involve children, the law tends to favor the injured child’s protection over the property owner’s defense. Courts often find that children lack the capacity to fully understand risks—making it the homeowner’s duty to implement specific safety regulations like fences, covers, and warning signs.
Even if a child was technically trespassing, state law often allows recovery under the attractive nuisance doctrine if the owner failed to prevent access to dangerous areas like swimming pools or trampolines.
Potential Compensation for Victims
Victims of pool or playground accidents may be entitled to damages for:
At Hill & Moin LLP, our premises liability attorneys work tirelessly to help clients recover damages that reflect the full impact of their injuries—financial, emotional, and physical.
Holding Negligent Property Owners Accountable
Private homeowners and pool owners often underestimate their legal responsibility when inviting guests or maintaining features that attract children. But when they fail to properly maintain these areas or ignore fall risks and unsafe conditions, they can be held responsible for devastating injuries.
If your family member has been hurt on private property, you deserve to know your legal options. The law is clear: property owners must act with reasonable care, and when they don’t, victims have every right to seek justice.
Speak With Hill & Moin LLP Today
If you or your child has suffered pool or playground injuries on private property, don’t wait to find out whether negligence played a role. Hill & Moin LLP has the experience and resources to investigate your case, identify responsible parties, and fight for the fair compensation you deserve.
Schedule your free consultation today to discuss your case with an experienced attorney. Call (212) 668-6000 or contact us online to get the compassionate and effective legal representation your family needs.
At Hill & Moin LLP, we’re committed to protecting injury victims and holding negligent property owners accountable—because your safety, recovery, and peace of mind matter.
November 3rd, 2025 by Hill & Moin
At Hill & Moin LLP, our experienced nursing home abuse lawyers have seen firsthand how devastating nursing home falls can be for elderly residents and their families. While some falls are true accidents, many are preventable and occur because nursing homes fail to provide the level of care and supervision required by law. Understanding whether your loved one’s fall was the result of nursing home negligence or an unavoidable mishap is the first step toward getting justice and accountability.
Understanding the Scope of Nursing Home Falls
Falls in nursing homes are alarmingly common. Studies suggest that about half of all nursing home residents fall each year—many suffering serious injuries such as broken bones, head injuries, or even fatal complications.
Because of residents’ advanced age and fragile health, even a single nursing home fall can lead to lasting disability, emotional trauma, and mounting medical bills.
Federal and state regulations require nursing homes and assisted living facilities to maintain a safe environment and implement effective fall prevention measures. When they fail to do so, they may be held liable for the harm caused.
Why Nursing Home Falls Happen
Not every fall is an accident. Many are the result of inadequate care, poor supervision, or unsafe conditions. Common causes include:
- Wet floors or cluttered walkways
- Lack of handrails and adequate lighting
- Improperly maintained equipment
- Understaffing or untrained staff members
- Failure to monitor high-risk residents
- Ignoring fall prevention plans or doctor’s orders
- Delays in responding to call lights or emergencies
Each of these conditions reflects a breach of duty by the facility. When a nursing home does not properly maintain the premises or assist residents as required, it puts all residents—especially those with mobility issues—at risk.
When Is a Fall Considered Neglect?
A nursing home fall becomes neglect when the facility fails to take reasonable steps to prevent it. Federal law requires that nursing home staff assess every resident’s fall risk and create a personalized fall prevention plan.
Neglect may be involved if:
- Staff ignored warning signs or failed to follow safety protocols.
- The facility did not provide necessary mobility aids (like walkers or bed alarms).
- Residents were left unattended in unsafe areas.
- Maintenance issues—like uneven flooring or loose carpeting—were left unaddressed.
- There was a pattern of previous falls in the nursing home that went unresolved.
In these cases, the facility’s inaction or carelessness can make them legally responsible for your loved one’s injuries.
Is It Ever Just an Accident?
Sometimes, even with appropriate care, falls occur. Older adults may lose balance due to medication side effects, health complications, or sudden dizziness. However, a fall can only be considered an accident after a thorough investigation shows that the facility did everything it reasonably could to prevent falls.
A law firm experienced in nursing home fall cases can help you gather evidence, review medical records, and determine whether your loved one’s injuries were avoidable. If the facility fails to meet safety and staffing standards, it may be held liable for nursing home negligence.
Common Injuries from Nursing Home Falls
Even a minor fall in a nursing home can cause severe physical and emotional harm. Some of the most frequent fall-related injuries include:
In older adults, these injuries often lead to hospitalization, surgery, or permanent loss of mobility. Sadly, subsequent injuries and complications—like infections or blood clots—can be life-threatening.
The Facility’s Legal Duty to Prevent Falls
Under federal regulations and Arkansas (or your local state) law, nursing homes are required to create and enforce fall prevention measures that protect residents. These may include:
- Conducting a fall risk assessment for each new resident
- Creating personalized care plans
- Ensuring proper staffing levels at all times
- Installing handrails, bed alarms, and non-slip flooring
- Keeping walkways clean and dry
- Training staff members in fall prevention and emergency response
When a facility neglects these responsibilities, it puts residents in danger—and can be held liable for any resulting harm.
How to Prove Negligence After a Nursing Home Fall
Determining whether a nursing home is responsible for a loved one’s fall requires careful documentation. To build a strong case, your personal injury attorney will investigate:
- The circumstances surrounding the fall (where, when, and how it occurred).
- Witness statements from other residents or staff members.
- The resident’s medical records and any history of prior falls.
- Whether the facility had a fall prevention plan in place.
- If federal or state regulations were violated.
- Whether the staff followed safety measures and responded promptly.
This thorough investigation helps determine whether the nursing home acted negligently—and whether your family can seek justice through a nursing home abuse claim.
What to Do If Your Loved One Falls in a Nursing Home
If your family member has been injured in a nursing home fall, take these steps immediately:
- Get medical attention right away. Even minor injuries can have serious consequences for elderly residents.
- Document the scene—take photos of the area, equipment, or hazards that contributed to the fall.
- Request a report from the facility and note any inconsistencies.
- Speak to other residents who might have witnessed the incident.
- Contact an experienced attorney to evaluate whether neglect played a role.
The sooner you act, the easier it is to preserve evidence and hold the facility accountable.
Why These Cases Require Legal Experience
Nursing home fall cases are complex because multiple responsible parties may share blame. The facility, individual staff members, or even third-party maintenance contractors could all play a role. Proving fault often requires medical expertise, facility records, and in-depth knowledge of nursing home regulations.
At Hill & Moin LLP, our attorneys understand the challenges families face after a loved one’s fall. We have a deep understanding of how these facilities operate, what safety standards they must follow, and how to hold negligent facilities accountable.
Compensation for Nursing Home Fall Victims
If your loved one’s fall was the result of nursing home negligence, you may be able to recover compensation for:
Every case is different, but one thing remains constant: your family deserves justice and fair compensation for the harm caused by the facility’s carelessness.
Seek Justice for Your Loved One Today
If your loved one suffered a nursing home fall, you don’t have to face this painful situation alone. Hill & Moin LLP is dedicated to helping families uncover the truth and hold negligent facilities accountable. Our compassionate nursing home abuse lawyers can investigate what happened, determine liability, and fight for the compensation your family deserves.
Schedule your free consultation today to discuss your case with a skilled attorney. Call (212) 668-6000 or contact us online to learn how we can help you seek justice and protect your loved one’s safety.
At Hill & Moin LLP, we treat every case with care, respect, and determination—because your family’s peace of mind matters.
October 27th, 2025 by Hill & Moin
In the bustling streets of New York City, street vendors are an iconic part of everyday life. From hot dog stands to fruit carts, vendors bring vibrancy—and valuable convenience—to the city’s sidewalks. But with so many mobile carts operating near store premises, crosswalks, and public spaces, accidents can happen.
When a misplaced cart blocks a sidewalk, tips over, or rolls into a pedestrian, cyclist, or vehicle, the injuries can be serious. Victims often suffer falling object injuries, fractures, or even head trauma. Yet, determining who’s liable for such street vendor collisions can be complex.
Is it the vendor? The property owner? The store management that allowed the obstruction? Or could multiple parties share responsibility?
At Hill & Moin LLP, our experienced personal injury attorneys help injured New Yorkers navigate these difficult questions. If you’ve been injured by a vendor’s misplaced cart or unsafe setup, you may be entitled to fair compensation for your medical expenses, lost wages, and more.
Call (212) 668-6000 today for a free consultation with a law firm that treats clients like family.
Understanding Street Vendor Collisions in New York City
Street vendors operate throughout New York City, especially in high-traffic areas such as Times Square, SoHo, and Midtown Manhattan. While the vast majority comply with city ordinances, some fail to follow safety measures—leaving their carts in dangerous locations or without proper stabilization.
These unsafe conditions can lead to accidents involving:
- Pedestrians tripping over misplaced carts
- Bicyclists or scooter riders colliding with vendor setups that spill into traffic lanes
- Falling object incidents, such as umbrellas or signs detaching from carts
- Food stands or carts rolling down sidewalks or ramps
- Vendors blocking store premises exits, creating hazards during emergencies
When such falling object accidents or street collisions occur, the injured person can file a premises liability claim under New York law.
How Premises Liability Applies to Street Vendor Accidents
Under New York’s premises liability laws, property owners and operators have a duty to maintain safe premises for the public. This includes taking reasonable steps to warn customers and prevent hazards like obstructed walkways or improperly secured vendor carts.
If a responsible party failed to exercise reasonable care, and you were injured as a result, they may be held liable for your damages.
Key Elements of a Premises Liability Case
To recover compensation, an injured party must prove:
- A hazardous condition existed (such as a misplaced cart or falling object).
- The property owner, vendor, or other liable parties knew—or should have known—about the danger.
- The responsible party failed to take proper safety measures.
- This failure caused the injuries sustained.
For example, if a store owner allowed a vendor to block their storefront, or a property manager failed to ensure proper supervision, they may share liability for the resulting harm.
Common Injuries Caused by Misplaced Vendor Carts
Though a cart may seem harmless, street vendor collisions often lead to serious injuries—especially when heavy equipment or metal stands are involved.
Common injuries include:
- Falling object injuries, such as head trauma from collapsing umbrellas or signs
- Broken bones and sprains from tripping or slipping
- Back and neck injuries due to sudden impacts
- Lacerations or bruises from sharp cart edges
- Internal injuries or concussions caused by a falling cart
In severe cases, victims may face permanent disability, chronic pain, or the inability to work—leading to mounting medical bills and lost wages.
Determining Liability: Who Can Be Held Responsible?
Identifying the liable parties in a street vendor collision requires careful investigation. Several individuals or entities may share legal responsibility depending on the specific circumstances of the accident.
1. The Street Vendor
Vendors must comply with New York City’s street vending regulations, which include positioning carts safely and keeping walkways clear.
If a vendor ignored these safety protocols, failed to secure their cart, or caused falling objects through negligence, they could be held responsible.
2. The Property Owner
If the accident occurred on or near store premises, the property owner or store management may also share liability. Property owners have a legal duty to maintain safe premises and ensure vendors on their property follow proper safety measures.
3. The City of New York
In some cases, a municipal agency could be liable—for example, if the city issued a street vending permit in an unsafe location or failed to maintain safe public walkways. Filing against a government entity involves strict deadlines under New York’s statute and requires a Notice of Claim within 90 days.
4. Building Owners and Maintenance Companies
If a vendor was stationed near a construction site or building entrance, and a lack of safety equipment or construction materials contributed to the incident, the building owner or maintenance company could also be named in a premises liability claim.
5. Multiple Parties
Often, multiple parties are at fault. For instance, a store owner who allows an unsafe vendor setup and a vendor who neglects safety requirements could both be held responsible for the injured party’s damages.
An experienced personal injury attorney can help identify potentially liable parties and ensure every responsible party is included in the liability claim.
Proving Negligence in Street Vendor Accident Cases
To establish liability, your attorney must gather strong evidence demonstrating how the responsible party failed to prevent the accident.
This may include:
- Photographs of the accident scene showing cart placement or obstruction
- Witness statements confirming unsafe conditions
- Surveillance footage from nearby stores or intersections
- Medical records linking your injuries to the collision
- Vendor permits, lease agreements, or inspection reports
- Expert testimony on premises liability laws and safety standards
Because New York City is crowded and constantly changing, evidence can disappear quickly—making it critical to seek medical attention and contact an attorney immediately.
Legal Responsibility Under New York Premises Liability Laws
Under New York law, property owners, managers, and vendors must act with reasonable care to prevent foreseeable harm.
That means they must:
- Regularly inspect areas for hazards
- Maintain safe premises by removing obstacles or securing carts
- Warn customers about potential dangers
- Implement safety measures, like barriers or signage
When any of these duties are ignored, and someone is hurt, victims have the right to file a premises liability claim to pursue compensation for their losses.
What to Do After a Street Vendor Collision
If you’ve been injured in a street vendor collision or falling object incident, follow these steps to protect your rights and health:
- Seek immediate medical attention. Even minor pain could indicate a more serious injury.
- Take photos of the cart, storefront, and surrounding conditions.
- Report the incident to nearby store management or property security.
- Obtain witness contact information.
- Keep medical bills and records of lost wages or missed workdays.
- Contact an experienced legal representative as soon as possible.
A premises liability case can be complex—especially when multiple entities are involved—but early action strengthens your position.
Compensation Available to Injured Victims
If you’ve been injured because a responsible party failed to maintain safe premises, you may be entitled to compensation for:
- Medical expenses and ongoing treatment
- Lost wages and diminished earning capacity
- Pain and suffering
- Property damage
- Wrongful death (if the accident results in fatal injuries)
Your attorney will calculate all economic and non-economic damages to ensure you receive a successful outcome that truly covers your losses.
How an Experienced Attorney Can Help
At Hill & Moin LLP, we understand that accidents involving street vendors, falling objects, or unsafe premises often leave victims facing physical pain and financial stress. Our experienced legal representation includes:
- Conducting a detailed investigation to prove negligence
- Identifying all liable parties, including property owners, vendors, and store management
- Gathering evidence from witness statements and surveillance footage
- Filing all legal paperwork within New York’s statute of limitations
- Negotiating aggressively for fair compensation
- Pursuing litigation if settlement offers fall short
Our attorneys are dedicated to protecting your legal rights and guiding you through the legal process with compassion and clarity.
Preventing Street Vendor Collisions in New York City
Safety depends on everyone doing their part—vendors, property owners, and the city alike. Preventative measures include:
By enforcing these rules, New York can help reduce falling object accidents and keep pedestrians safe on busy sidewalks.
Contact Hill & Moin LLP for a Free Consultation
If you’ve been injured by a misplaced street vendor cart or any unsafe condition in New York City, don’t wait to get help. The legal implications of premises liability cases can be complicated, and time limits apply.
At Hill & Moin LLP, we have decades of experience helping victims of premises liability, construction accidents, and falling object injuries secure justice. We’ll handle every step of your liability claim—so you can focus on recovery.
Call (212) 668-6000 or contact us online today for a free consultation.
With Hill & Moin, you’ll have lawyers in the family fighting for your fair compensation and peace of mind.
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