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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.

1. 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:

• Broken staircases and inadequate lighting
• Leaking ceilings and mold growth
• Poorly maintained sidewalks or entryways
• Defective elevators or missing handrails
• Negligent security leading to assaults or thefts

When NYCHA fails to repair hazardous conditions or ignores complaints, the agency can be held liable for resulting injuries under New York law.

2. NYC Department of Transportation (DOT)
   The DOT is responsible for maintaining city streets, crosswalks, traffic signals, and sidewalks. Common DOT-related injury claims include:

• Trip and fall accidents on cracked or uneven sidewalks
• Pedestrian accidents caused by malfunctioning traffic lights
• Bike lane or road defects leading to crashes
• Construction hazards not properly marked or secured

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:

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:

1. 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.
2. 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.
3. Incomplete Documentation
   Missing evidence, medical records, or inaccurate details in your claim can lead to denial.
4. Communicating Directly With City Representatives
   Always let your attorney handle all city correspondence and settlement discussions.
5. 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.

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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):

1. Elevators and escalators must undergo annual inspections and routine maintenance.
2. Maintenance records must be kept and available for review.
3. Safety features—such as emergency brakes, alarms, and communication systems—must be functional.
4. 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:

• Broken bones and fractures
• Head and spinal cord injuries

• Crush injuries and degloving injuries from mechanical failures
• Soft tissue injuries

• Traumatic brain injuries

• Emotional distress and anxiety around using elevators again

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:

1. The property owner had a duty to maintain safe conditions.
2. The owner or manager breached that duty through improper inspection or repair.
3. The accident occurred because of that breach.
4. The victim suffered personal injuries and financial losses as a result.

Evidence may include:

• Maintenance records and inspection reports
• Witness statements from other accident victims or staff
• Surveillance footage of the incident
• Expert analysis of mechanical defects or elevator malfunctions

• Medical records detailing the injuries sustained

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:

1. Seek immediate medical attention. Even minor injuries can worsen over time.
2. Report the incident to building management or the front desk and obtain a written report.
3. Take photos of the area and any visible defects or warning signs.
4. Get contact information from witnesses.
5. 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:

• Medical bills and hospital costs
• Lost wages and future earning potential
• Pain and suffering

• Emotional distress

• Permanent disability or disfigurement
• Wrongful death claims for families who’ve lost loved ones

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.

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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:

1. Improper installation during construction – Builders may use incorrect materials or skip sealing around drains and joints.
2. Aging or deteriorating waterproofing systems – Over time, wear and tear can compromise protection.
3. Lack of regular inspections – Hotels are responsible for ongoing maintenance to prevent leaks.
4. Poor design intent – Some hotel layouts make it difficult to prevent water intrusion, especially in older buildings.
5. 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:

1. The hotel had actual notice (knew of the condition) or constructive notice (should have known through regular inspections).
2. The dangerous condition—like a leaking shower or wet floor—was not corrected in a timely manner.
3. The accident occurred as a direct result of that failure to maintain the property.
4. 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:

• Fractures or broken bones 
• Head injuries or concussions
• Back and spinal cord injuries 
• Soft tissue damage 
• Knee and shoulder injuries from the impact
• Long-term pain and loss of mobility

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:

1. Officially report the fall to the hotel’s front desk or manager immediately.
2. Request a copy of the incident report.
3. Take photos of the accident scene, showing wet floors, leaks, or poor lighting.
4. Save receipts, hotel records, and any relevant emails or complaint forms.
5. 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.

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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:

1. Invitees (guests invited for mutual benefit, such as customers) must be protected from known and potential hazards.
2. Licensees (social guests) must be warned about hidden dangers the owner knows about.
3. 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:

• Head injuries and concussions
• Broken bones and fractures
• Spinal cord injuries

• Drowning or near-drowning incidents
• Cuts, bruises, and lacerations

• Internal injuries from falls or impact

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:

1. The property owner owed the injured party a duty of care.
2. The property owner breached that duty by failing to correct or warn of unsafe conditions.
3. The breach caused the accident and the injuries sustained.
4. 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:

• Medical expenses and ongoing treatment
• Lost wages (for adult victims or parents caring for injured children)
• Pain and suffering

• Rehabilitation and therapy

• Wrongful death benefits in fatal cases

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.

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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:

• Broken bones (hips, wrists, or arms)
• Head injuries and concussions
• Internal bleeding
• Spinal damage or paralysis
• Severe bruising and lacerations
• Emotional distress or fear of walking independently

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:

1. The circumstances surrounding the fall (where, when, and how it occurred).
2. Witness statements from other residents or staff members.
3. The resident’s medical records and any history of prior falls.
4. Whether the facility had a fall prevention plan in place.
5. If federal or state regulations were violated.
6. 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:

1. Get medical attention right away. Even minor injuries can have serious consequences for elderly residents.
2. Document the scene—take photos of the area, equipment, or hazards that contributed to the fall.
3. Request a report from the facility and note any inconsistencies.
4. Speak to other residents who might have witnessed the incident.
5. 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:

• Medical expenses and rehabilitation
• Pain and suffering
• Emotional distress
• Loss of quality of life
• Wrongful death damages, in fatal cases

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.

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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:

1. A hazardous condition existed (such as a misplaced cart or falling object).
2. The property owner, vendor, or other liable parties knew—or should have known—about the danger.
3. The responsible party failed to take proper safety measures.
4. 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:

1. Seek immediate medical attention. Even minor pain could indicate a more serious injury.
2. Take photos of the cart, storefront, and surrounding conditions.
3. Report the incident to nearby store management or property security.
4. Obtain witness contact information.

5. Keep medical bills and records of lost wages or missed workdays.
6. 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:

• Ensuring vendor carts are properly secured and away from traffic
• Requiring vendors to display visible warning signs

• Conducting routine safety inspections by property managers

• Educating vendors on proper safety measures under New York City ordinances

• Holding negligent parties accountable when unsafe conditions lead to harm

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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Uber and Lyft have transformed transportation across New York, offering quick, affordable, and convenient rides at the tap of a button. But as more rideshare vehicles crowd the streets, multi-vehicle crashes involving Uber or Lyft drivers are becoming more common—and legally more complicated.

Unlike traditional car accidents, rideshare accident claims involve multiple insurance policies, complex liability coverage rules, and disputes between insurance companies. Passengers, pedestrians, and even other involved drivers can struggle to determine who is financially responsible for their medical bills, property damage, and lost wages.

If you’ve been injured in a rideshare crash in New York City, understanding how Uber and Lyft liability works is essential to protecting your rights. At Hill & Moin LLP, our personal injury attorneys have extensive experience handling Uber accident cases and can help you secure fair compensation.

Call (212) 668-6000 for a free consultation today.

How Ride-Sharing Services Work — and Why It Matters for Liability

Uber and Lyft drivers operate as independent contractors, not employees. This distinction is important because it influences how liability is determined after a crash.

When a rideshare accident occurs, fault and insurance coverage depend heavily on the driver’s status at the time of the incident. There are three key stages in a rideshare trip:

1. Driver Offline (No App Active):
   The driver’s personal auto insurance applies. Neither Uber nor Lyft provides coverage at this stage.
2. App On, Waiting for a Ride Request:
   The driver is logged into the app but hasn’t yet accepted a ride. Limited liability coverage from the rideshare company’s insurance policy may apply.
3. Actively Engaged in a Ride (En Route or Transporting Passengers):
   Once a driver accepts a ride request or is transporting passengers, Uber or Lyft’s commercial insurance coverage applies. This coverage typically includes up to $1 million in liability coverage for bodily injury and property damage.

Understanding which stage the driver was in when the accident occurred is crucial for determining liability and pursuing the appropriate insurance claims.

Common Causes of Rideshare Accidents in New York

Rideshare services operate in the same high-traffic environments as taxis, buses, and delivery vehicles, making multi-vehicle collisions a frequent risk. Common causes include:

• Distracted driving due to GPS use or passenger communication
• Speeding to maximize ride volume or meet time expectations
• Driver fatigue from long shifts or back-to-back rides
• Unsafe lane changes or tailgating
• Traffic law violations at busy intersections
• Poor vehicle maintenance by rideshare drivers

• Bad weather or road hazards

These crashes often involve several vehicles, leading to multiple parties and insurance companies disputing fault.

Determining Liability in a Multi-Vehicle Rideshare Crash

In multi-vehicle rideshare accidents, determining liability is often complex. Several factors must be analyzed, including driver logs, witness statements, and police reports.

Potentially Liable Parties Include:

1. The Rideshare Driver
   If the rideshare driver’s negligence—such as distracted driving or failure to yield—caused the crash, they may be personally liable. However, their insurance coverage depends on their app status at the time of the collision.
2. Other Involved Drivers
   In accidents involving multiple vehicles, another driver may share fault for reckless driving, speeding, or tailgating. Each driver’s insurance policy may cover part of the damages.
3. The Rideshare Company
   While Uber and Lyft often claim they are not responsible for the actions of independent contractors, their insurance policies provide coverage when a driver is actively using the app. If the rideshare company’s negligence—such as hiring an unsafe driver—played a role, they may face direct liability.
4. Vehicle Manufacturers or Third Parties
   In rare cases, mechanical failures or defective parts could make a vehicle manufacturer or maintenance provider partially liable.

Because multiple parties can be involved, it’s vital to work with an experienced attorney who can reconstruct the accident scene, collect crucial evidence, and determine each party’s share of fault.

Uber and Lyft’s Insurance Coverage in New York

Both Uber and Lyft are required by New York law to provide specific insurance coverage for their drivers and passengers. The amount of coverage depends on the driver’s status.

1. App Off: Driver’s Personal Auto Insurance Applies

When the driver is not logged into the rideshare app, their personal insurance policy applies.
Uber and Lyft provide no coverage during this stage. Unfortunately, most personal auto insurance policies exclude commercial activity—meaning victims often need legal help to pursue recovery.

2. App On, Waiting for a Ride Request

Limited liability coverage applies:

• Up to $50,000 per person for bodily injury

• Up to $100,000 per accident for bodily injury

• Up to $25,000 for property damage

3. En Route or Transporting Passengers

When the driver accepts a ride request or is carrying passengers, Uber and Lyft’s insurance policies provide:

• Up to $1 million in liability coverage

• Uninsured/underinsured motorist coverage

• Coverage for medical expenses and property damage

If another driver causes the crash but lacks sufficient insurance, Uber or Lyft’s policy may step in to cover remaining costs.

What to Do After a Rideshare Accident

If you’ve been involved in an Uber or Lyft accident, taking the right steps can protect your legal rights and strengthen your personal injury claim:

1. Seek medical attention immediately, even for minor injuries.
2. Call 911 to ensure the police report documents all vehicles involved.
3. Take photos of the accident scene, vehicles, and any visible injuries.
4. Collect contact details of the rideshare driver, other drivers, and witnesses.
5. Screenshot your trip details in the Uber or Lyft app.
6. Do not speak to insurance adjusters without legal advice.
7. Contact an experienced attorney who handles rideshare accident claims.

Your lawyer can handle communications with insurance companies, gather witness statements, and determine which insurance policies apply.

Common Injuries in Rideshare Crashes

Rideshare accident victims often sustain the same types of injuries seen in other severe collisions, including:

• Broken bones and fractures
• Whiplash and soft tissue injuries
• Traumatic brain injuries
  
  
• Spinal cord injuries

• Internal bleeding

• Emotional distress

These injuries can lead to significant medical bills, lost wages, and lasting pain. Rideshare accident victims may be entitled to fair compensation for all expenses incurred, including future medical treatment and rehabilitation.

Filing Insurance Claims After a Rideshare Accident

Because multiple insurance policies may apply, the claims process is often confusing. Here’s how it typically unfolds:

1. Determine Fault:
   Your attorney gathers police reports, dashcam footage, and witness statements to identify who caused the rideshare collision.
2. Notify Insurers:
   Each insurance company involved must be notified promptly—whether it’s the rideshare company’s insurance policy or another driver’s.
3. File a Claim:
   Your lawyer will submit a personal injury claim or property damage claim to the appropriate insurer.
4. Negotiate for Settlement:
   Insurance companies often try to minimize payouts, especially when multiple parties are involved. An experienced attorney can negotiate aggressively for fair compensation.
5. Pursue a Lawsuit (If Needed):
   If a settlement can’t be reached, your attorney can file a personal injury lawsuit in New York courts.

Challenges in Rideshare Accident Claims

1. Independent Contractor Status

Because Uber and Lyft drivers are classified as independent contractors, the companies may try to avoid liability for their driver’s negligence. However, their insurance coverage requirements still protect injured passengers and others involved.

2. Multiple Insurance Companies

With several insurance companies involved—each seeking to reduce payouts—delays and disputes are common. Having an attorney coordinate communication and evidence can prevent lowball offers.

3. Determining Driver’s Status

Pinpointing whether the driver was actively engaged in a trip or just waiting for a ride request is critical. This detail directly impacts available insurance coverage.

Compensation Available for Rideshare Accident Victims

Victims injured in Uber or Lyft accidents may recover compensation for:

• Medical expenses and rehabilitation
• Lost wages and reduced earning capacity
• Property damage

• Pain and suffering

• Emotional distress

• Wrongful death (in fatal crashes)

The amount depends on the severity of injuries, insurance coverage, and strength of the evidence.

Why You Need an Experienced Rideshare Accident Attorney

Dealing with Uber and Lyft’s insurance companies without legal help can be overwhelming. These corporations have teams of lawyers trained to limit payouts.

At Hill & Moin LLP, our attorneys have extensive experience in personal injury claims involving rideshare services. We can:

• Determine which insurance policies apply
• Identify all liable parties

• Handle negotiations with insurance adjusters

• Ensure you receive fair compensation for medical bills, lost income, and pain
• File a personal injury lawsuit if necessary

We handle all cases on a contingency fee basis—you pay nothing unless we win.

Contact Hill & Moin LLP for Help With Rideshare Accident Claims

If you were injured in a rideshare crash involving Uber or Lyft, you may be entitled to significant compensation—but time limits apply. The sooner you act, the stronger your case will be.

At Hill & Moin LLP, we help rideshare accident victims throughout New York understand their legal options and hold negligent parties accountable.

Call (212) 668-6000 or contact us online for a free consultation today.
With Hill & Moin, you’ll have lawyers in the family—fighting for the justice and recovery you deserve.

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Every day, thousands of MTA buses transport millions of passengers throughout New York City. These massive vehicles share crowded streets with cars, cyclists, and pedestrians—an environment where bus accidents can and do happen. Unfortunately, when they do, the injuries are often catastrophic.

If you’ve been hurt in an MTA bus accident, you have the right to seek compensation for your losses. However, because the Metropolitan Transportation Authority (MTA) and its subsidiaries are government agencies, you must follow special legal procedures—starting with filing a Notice of Claim.

Under New York law, failing to file this notice correctly and on time can prevent you from recovering damages for your medical bills, lost wages, and serious injuries.

At Hill & Moin LLP, our New York City personal injury attorneys have extensive experience handling MTA bus accident cases. We know how to navigate the legal process, identify responsible parties, and file claims properly to protect your legal rights.

Call (212) 668-6000 today for a free consultation with a trusted New York personal injury attorney if you’ve been injured in a bus crash involving the MTA or another city agency.

Understanding MTA Bus Accidents in New York City

The Metropolitan Transportation Authority (MTA) oversees several municipal agencies, including the New York City Transit Authority (NYCTA) and MTA Bus Company. These agencies operate thousands of buses across all five boroughs.

While bus travel is generally safe, MTA bus accidents can result in severe injuries or even wrongful death. Common causes include:

• Negligent bus drivers (speeding, distracted driving, or fatigue)
• Poor vehicle maintenance or mechanical failures
• Traffic law violations and unsafe driving by other vehicles
• Inadequate training of bus operators

• Defective traffic controls or poorly maintained roads

When a bus accident occurs, injured passengers, pedestrians, cyclists, or drivers have a right to pursue a personal injury claim—but because the MTA is a government entity, they must first file a Notice of Claim.

What Is a Notice of Claim?

A Notice of Claim is a legal document required under New York law when seeking damages from a government agency such as the MTA, NYC Transit Authority, or Port Authority.

The notice formally informs the city agency that you intend to file a personal injury lawsuit or wrongful death claim. It allows the government to investigate and possibly settle your case before litigation begins.

This step is mandatory under New York General Municipal Law § 50-e—and missing the deadline can result in your claim being dismissed.

The 90-Day Deadline to File a Notice of Claim

One of the most critical aspects of the claim process is timing.

New York law requires injured parties to file their Notice of Claim within 90 days of the date the accident occurred.

Failing to meet this deadline can forfeit your right to compensation for your injuries, even if the bus driver or MTA was clearly at fault.

The clock starts ticking the moment the bus accident happens, which means you should contact an experienced attorney as soon as possible to ensure all paperwork is properly filed and served.

What Your Notice of Claim Must Include

To be valid, a Notice of Claim must include specific information as outlined under New York law:

1. Your name and address (and your attorney’s contact information if applicable)
2. The name of the correct government agency (e.g., New York City Transit Authority or MTA Bus Company)
3. The date, time, and location where the bus accident occurred
4. A description of how the accident occurred, including the actions of the bus operator or other drivers

5. Details of your injuries and medical expenses

6. A statement of damages—including lost wages, property damage, and ongoing medical treatment

Filing errors—such as naming the wrong municipal entity or failing to include required details—can lead to claim rejection. That’s why it’s essential to work with an experienced attorney who understands how to properly serve government entities.

How to File a Notice of Claim Against a City Agency

When filing against a city agency such as the MTA, New York City Transit Authority, or Port Authority, the notice must be served using one of the following methods:

• Personal delivery to the agency’s office
• Registered or certified mail

• Electronic filing, if permitted

Proof of proper service is crucial. You’ll need documentation showing that the notice was sent and received by the correct government agency within the 90-day period.

For claims involving other municipal agencies, such as the New York City Comptroller’s Office or New York City Housing Authority, separate rules may apply. Each government entity has its own requirements, so double-checking with your attorney is essential.

What Happens After Filing a Notice of Claim

Once your Notice of Claim is received, the agency has the right to conduct a 50-h hearing—essentially, an interview where their attorneys can ask questions about your accident, injuries, and medical treatment.

This hearing is similar to a deposition and may be recorded. Your personal injury attorney will prepare you for this process and attend with you to protect your rights.

After the hearing, you may:

• Negotiate a settlement directly with the agency’s legal team, or
• Proceed with a personal injury lawsuit if no fair resolution is offered

You generally have one year and 90 days from the date of the bus accident to file your lawsuit in court, following the initial 90-day Notice of Claim period.

Who Can File a Notice of Claim?

A Notice of Claim can be filed by anyone who sustained injury, property damage, or loss due to a bus crash involving:

• MTA buses or NYC Transit Authority vehicles

• Bus drivers operating within the scope of employment
• City employees or government entities responsible for public transportation

If the victim died as a result of the crash, a family member or estate representative may file a wrongful death claim on their behalf.

Common Injuries in MTA Bus Accidents

Because of their size and lack of seatbelts for passengers, bus accidents often cause multiple injuries—especially when negligent drivers or unsafe road conditions are involved. Common injuries include:

• Spinal cord injuries

• Traumatic brain injuries

• Broken bones and fractures
• Internal injuries

• Severe lacerations and bruising
• Wrongful death damages for fatal accidents

Victims frequently face enormous medical bills, long-term rehabilitation, and emotional trauma. Filing a Notice of Claim promptly helps ensure you can recover compensation for these losses.

Determining Liability in MTA Bus Accident Cases

In bus accident cases, identifying all potentially responsible parties is key. Liability may rest with:

• The bus driver, for negligence or traffic violations
• The MTA Bus Company or NYC Transit Authority, for inadequate training or poor vehicle maintenance

• Private bus companies or charter services, when commercial vehicles are involved
• Government agencies responsible for traffic controls or road maintenance
• Other drivers whose reckless actions contributed to the crash

Because multiple parties can share liability, each may require a separate claim. An experienced attorney will ensure that all tort claims are filed against the appropriate entities.

How an Attorney Can Help With Your Notice of Claim

Filing a Notice of Claim against a city agency is a time-sensitive and technical process. Even minor mistakes—such as sending the notice to the wrong agency or missing the 90-day deadline—can void your claim.

An experienced attorney can:

• Identify the correct government entity or municipal agency

• Draft and file the Notice of Claim using registered or certified mail or personal delivery
• Gather witness statements, police reports, and medical records

• Represent you during the 50-h hearing

• File a personal injury lawsuit if the agency refuses a fair settlement

At Hill & Moin LLP, we’ve successfully represented injured persons in complex bus accident cases across New York City. Our bus accident attorneys work on a contingency fee basis, meaning you pay no legal fees unless we win your case.

Compensation Available for MTA Bus Accident Victims

Victims of MTA bus accidents may be entitled to compensation for:

• Medical expenses and ongoing care
• Lost income and reduced earning capacity
• Pain and suffering

• Property damage

• Rehabilitation costs

• Wrongful death damages (for fatal cases)

While New York’s traffic laws hold drivers and government agencies accountable for passenger safety, victims must act quickly to preserve their rights.

Steps to Take Immediately After an MTA Bus Accident

If you’ve been involved in an MTA accident, follow these steps:

1. Seek medical attention immediately, even for minor injuries.
2. Report the accident to police and obtain a police report.
3. Document the accident scene—take photos, collect bus numbers, and note witness statements.
4. Save medical records and receipts for all treatment.
5. Contact an attorney to start the Notice of Claim process as soon as possible.

Acting promptly ensures your claim is filed within the strict deadlines required by New York law.

Contact Hill & Moin LLP for Help With MTA Bus Accident Claims

If you were injured in an MTA bus accident, you deserve justice—and time is not on your side. The Notice of Claim process under New York law is complex, but our team can guide you every step of the way.

At Hill & Moin LLP, we’ve helped countless New Yorkers hold government agencies accountable for negligent drivers, poor maintenance, and other preventable causes of bus crashes.

Call (212) 668-6000 today or fill out our online form for a free consultation.
Let our attorneys handle the legal details while you focus on recovery. With Hill & Moin on your side, you’ll have lawyers in the family fighting for your future.

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As a community advocate, J.A.M. is known for his dedication to serving the community. Unfortunately, J.A.M.’s life changed when an unexpected fall left him with serious injuries to his wrist. What began as a simple task to serve his community ended with an emergency visit to the hospital to treat a fractured wrist.

Amid the physical and emotional challenges, J.A.M. turned to Hill & Moin for guidance. From the very first meeting, J.A.M. felt the firm treated the case with urgency and compassion. The attorneys conducted a thorough investigation, kept J.A.M. informed of every development, and ensured any concerns were heard throughout the process. The team recognized the severity of the injuries and the impact they had on the client’s ability to serve the community.

With Hill & Moin’s dedicated representation, J.A.M. secured a significant settlement, amounting $350,000. While not yet deciding how to use the funds, the outcome represents an important step forward on the journey to healing. J.A.M.’s resilience and commitment to recovery continue to inspire those within his network. Hill & Moin is proud to have stood by J.A.M. during this difficult chapter. Just as J.A.M. has given so much to his community, the firm was honored to offer representation. Hill & Moin wishes J.A.M. strength, health, and continued progress on his path to recovery.

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LP, a devoted home health aide from Brooklyn, spends her free time enjoying crafts and playing her guitar. One winter day while on the job, she slipped on black ice and fell, sustaining a wrist fracture. A bystander called for help, and LP was rushed to the hospital — her life suddenly changed by a single accident.

Knowing she needed legal help, LP reached out to Hill & Moin, LLP. From day one, the team took her case seriously, working diligently to ensure she received the representation and support she needed. Their hard work paid off: LP’s case settled for $375,000.

LP described her experience with Hill & Moin as “super!” and said the staff was incredibly helpful throughout the process. She was especially grateful for the guidance and compassion she received during such a difficult time.

Now that her case is resolved, LP plans to pay off her loans and focus on moving forward. She left Hill & Moin a glowing 5-star Google review, a reflection of the firm’s commitment to helping injured New Yorkers get the justice they deserve.

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