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Can You Sue NYC for Poor Roadway or Traffic Signal Design?

February 3rd, 2026 by

Hill & Moin represents injury victims across New York City who were harmed in accidents caused by dangerous road conditions, defective traffic signals, or poor roadway design. Many people assume the city cannot be sued, but under New York law, government entities can be held accountable in certain personal injury cases when unsafe infrastructure causes harm.

If a car accident or other serious incident occurred because of poor road design or improperly maintained traffic signals, you may have legal options.

When the City May Be Liable for an Accident

New York City has a duty to design, install, and maintain roadways, traffic signals, and street signs in a reasonably safe condition. When that duty is breached and an accident occurred as a result, the city may be held liable under municipal liability law.

Examples of potentially dangerous roadway conditions include:

  • Poor road design that creates confusion or blind spots
  • Improperly maintained or malfunctioning traffic signals
  • Missing or obscured road signs or street sign warnings
  • Burned out streetlights reducing visibility
  • Uneven pavement, debris, or poorly maintained bridges
  • Road construction zones without proper warnings

These conditions can cause drivers to lose control, enter oncoming traffic, or fail to react in time to avoid a crash.

How Sovereign Immunity Affects NYC Injury Claims

New York follows the doctrine of sovereign immunity, which limits when government agencies can be sued. However, this immunity is not absolute.

Under New York City and York State law, the city can be sued if:

  • It created the dangerous condition
  • It had prior written notice of the condition
  • The accident was caused by improper design or maintenance

Many municipal liability cases succeed when evidence shows the city failed to act within a reasonable timeframe.

Accidents Commonly Linked to Poor Road or Signal Design

Poor roadway or traffic signal design can contribute to many types of accidents, including:

  • Motor vehicle accidents at confusing intersections
  • Vehicle accidents caused by missing stop sign placement
  • Car accidents involving unclear traffic signals
  • Accidents caused by road poorly maintained bridges
  • Crashes linked to burned out streetlights

Such accidents often result in severe injuries, including traumatic brain injuries and other long-term conditions.

Injuries and Damages in These Cases

Accidents caused by poor road design can result in significant harm. Injury victims may suffer:

  • Serious injuries or severe injuries
  • Long-term medical treatment needs
  • Lost income due to inability to work
  • Property damage and vehicle damage
  • In fatal cases, funeral expenses

Medical costs, ongoing care, and the need to be properly diagnosed by a medical professional all factor into potential compensation.

Who May Be the Responsible Party?

In these cases, the party responsible may include:

  • New York City
  • A governmental subdivision
  • Other government agencies
  • Private parties or business entities involved in road construction
  • Municipal vehicles or contractors

Determining the responsible party often requires investigation and evidence gathering.

Strict Deadlines for Filing Claims Against NYC

Claims against New York City are subject to strict deadlines. In most cases:

  • A Notice of Claim must be filed within 90 days
  • Lawsuits must be filed within specific statutory limits

Missing these deadlines can bar recovery entirely, making early legal action critical.

What Evidence Matters in These Claims

To pursue compensation, accident victims should gather evidence as soon as possible, including:

  • Photos of the accident scene and road conditions
  • Witness statements
  • Medical records
  • Proof of similar accidents in the same area
  • Documentation showing the city had notice of the condition

Victims document details, obtain contact information, and preserve evidence whenever possible.

Can You Recover Compensation?

If the city is held liable, potential compensation may include:

Each personal injury case depends on its facts, the extent of injuries, and whether the city’s actions caused the accident.

Why Legal Representation Matters

These cases are complex and involve unique rules that do not apply to other personal injury lawsuits. An experienced attorney understands:

  • Municipal liability law
  • Filing claims against government entities
  • How sovereign immunity applies
  • How to pursue compensation effectively

Proper legal representation helps ensure claims are filed correctly and on time.

Speak With Hill & Moin About Your Case

If you were injured in an accident caused by poor roadway or traffic signal design in New York City, Hill & Moin can help you understand your legal options and whether the city can be held liable.

To discuss your case and seek justice, call Hill & Moin at (212) 668-6000 today for a free consultation.

E-Scooter and Bike Accident Injury Claims: What NYC Riders Should Know

January 26th, 2026 by

Electric scooters and electric bikes have become a common sight on New York City streets. While they offer convenience and flexibility, the rise in e scooter accidents and bike accidents has led to a growing number of serious injuries. Hill & Moin represents injured riders across New York who are navigating complex injury claims involving electric scooterse bikes, and traditional motor vehicles.

If you were hurt in an electric scooter accident or e bike accident, understanding your rights under New York law is critical.

Why E-Scooter and Bike Accidents Are Increasing in NYC

The growth of shared mobility has increased traffic congestion in bike lanes and city streets. Common factors contributing to accidents involving e scooters and bikes include:

  • Speed differences between riders and motor vehicles
  • Poorly maintained bike lanes
  • Car driver negligence
  • Failure to obey traffic laws
  • Mechanical failure in scooters or electric bikes
  • Rider inexperience or unsafe riding

These conditions create safety concerns for scooter riders and cyclists alike.

Common Causes of E-Scooter and Bike Accidents

E scooter and bike crashes often occur due to:

Accidents involving traditional motor vehicles are especially dangerous due to the lack of protection for riders.

Serious Injuries in Scooter and Bike Accidents

Because riders are exposed, serious injuries are common in e scooter and bike accidents, including:

Medical treatment and prompt medical attention are essential, even if injuries appear minor at first.

Determining Liability After an E-Scooter or Bike Accident

Determining liability depends on how the accident occurs. Potentially responsible parties may include:

  • A negligent car driver
  • Another rider
  • E scooter rental companies
  • Scooter companies or manufacturers
  • Government agency responsible for road maintenance

A thorough investigation is required to identify the at-fault party.

How New York Law Applies to Scooter and Bike Accidents

Under New York law, e scooter operators and e bike riders must follow traffic laws, including posted speed limits and stop signs. Helmet laws may apply depending on rider age and vehicle type.

When accidents occur, injury claims may involve:

  • Personal injury claims
  • Insurance coverage disputes
  • No-fault benefits in some motor vehicle crashes

Each case depends on the vehicles involved and the cause of the crash.

Insurance Coverage in E-Scooter and Bike Injury Claims

Insurance coverage can be complex. Possible sources include:

  • A motor vehicle’s insurance policy
  • No-fault benefits
  • Insurance held by scooter companies
  • Private insurance policies

Insurance adjusters often attempt to limit payouts, making legal guidance important.

Recovering Compensation After an E-Scooter or Bike Accident

Accident victims may be able to recover compensation for:

  • Medical expenses and medical bills
  • Lost wages
  • Future medical costs
  • Pain and suffering
  • Property damage

In severe cases, a personal injury lawsuit may be necessary to pursue full compensation.

What To Do After an E-Scooter or Bike Accident

If an accident occurs, riders should:

  • Seek medical attention immediately
  • Report the accident if required
  • Document the accident scene
  • Preserve damaged equipment
  • Avoid giving statements without legal advice

These steps protect both health and legal rights.

Government Agency Liability and Road Conditions

Poor road conditions, missing signage, or unsafe bike lanes may involve a government agency. Claims against government entities follow strict notice requirements and deadlines.

Why Legal Representation Matters

E scooter and bike accident cases involve:

  • Multiple insurance rules
  • Disputes over fault
  • Complex liability questions

A skilled personal injury attorney can handle the legal process, gather evidence, and pursue compensation while riders focus on recovery.

E-Scooter and Bike Accidents Across New York City

Hill & Moin represents accident victims throughout New York City, including cases involving:

  • Electric scooters
  • Electric bikes
  • Bike lanes
  • Collisions with motor vehicles

Local experience with New York traffic laws and insurance rules makes a meaningful difference.

Speak With Hill & Moin About Your E-Scooter or Bike Accident

If you were injured in an e scooter accident or bike accident in New York City, Hill & Moin can help you understand your legal options and pursue compensation.

We offer a free consultation and provide experienced legal guidance for personal injury claims involving electric scooters and bikes. Contact Hill & Moin today to discuss your case and protect your rights.

Understanding No-Fault Auto Insurance in New York: What It Means for Your Injury Claim

January 19th, 2026 by

New York follows a no-fault auto insurance system, which often causes confusion for accident victims. After a motor vehicle accident, many people are unsure who pays their medical bills, whether fault matters, and when they can pursue a lawsuit. Hill & Moin regularly assists vehicle accident victims throughout New York City who are navigating no-fault insurance claims and serious injury cases.

Understanding New York’s no-fault insurance system is essential to protecting your rights and maximizing your recovery after a car accident.

What Is No-Fault Auto Insurance in New York?

New York is a no-fault state, meaning that after most car accidents, each injured person first turns to their own insurance company for coverage—regardless of who caused the crash.

This system is designed to:

  • Provide quick access to medical care
  • Reduce lawsuits for minor injuries
  • Cover basic economic losses without proving fault

Under New York law, drivers are required to carry personal injury protection (PIP coverage).

What No-Fault Benefits Cover

No-fault benefits—also called basic no-fault or PIP coverage—typically pay for:

  • Accident-related medical expenses
  • Medical bills from approved medical providers
  • Prescription drugs
  • Physical therapy
  • Lost wages and lost earnings (up to a limit)
  • Necessary transportation to medical appointments

These benefits are paid by the no-fault insurer, not the at-fault driver’s insurance company.

What No-Fault Insurance Does NOT Cover

While no-fault coverage helps with immediate costs, it has important limits.

No-fault insurance does not cover:

  • Pain and suffering damages
  • Non-economic damages
  • Property damage to your vehicle
  • Losses above the basic economic loss limit

To recover these damages, you must meet New York’s serious injury threshold.

What Is the Serious Injury Threshold?

Under New York law, accident victims may only file a personal injury lawsuit against the at-fault driver if they suffered a serious injury.

The serious injury threshold includes injuries such as:

  • Significant limitation of use of a body function
  • Permanent consequential limitation
  • Fractures
  • Traumatic brain injuries
  • Serious disfigurement
  • Injuries preventing normal activities for 90 of the first 180 days

Meeting this threshold allows victims to seek compensation beyond no-fault benefits.

When Fault Matters in New York Car Accidents

Although New York uses a no-fault systemfault still matters once the serious injury threshold is met.

If you qualify:

  • You may file a personal injury claim against the at-fault driver 
  • Liability insurance may cover additional damages
  • You may seek compensation for pain and suffering

This is where fault insurance and no-fault insurance intersect.

Filing a No-Fault Insurance Claim

After an accident occurs, injured parties must file a no-fault application quickly—typically within 30 days.

Key steps include:

  • Notifying your insurance carrier
  • Submitting medical bills
  • Providing medical records
  • Complying with insurer requests

Failure to meet deadlines can jeopardize no-fault benefits.

Medical Providers and No-Fault Insurance

Medical providers often bill the no-fault insurer directly. However, disputes can arise if the insurance company questions:

  • Whether treatment was necessary
  • Whether injuries were accident-related
  • Whether providers were authorized

Legal guidance can help resolve denied or delayed payments.

Lost Wages and No-Fault Benefits

No-fault insurance can cover lost wages if injuries prevent you from working. These lost wage claims are subject to weekly and total limits.

If injuries cause long-term disability or lost earning capacity, additional compensation may require a lawsuit against the at-fault party.

What Happens If No-Fault Coverage Is Exhausted?

If medical expenses or lost earnings exceed no-fault limits, accident victims may pursue:

  • A personal injury lawsuit (if the serious injury threshold is met)
  • Additional coverage under other insurance policies
  • Claims against uninsured vehicles in certain situations

This often requires detailed analysis of insurance coverage and fault.

No-Fault Insurance vs Fault Insurance

Unlike fault insurance states, New York’s no-fault system limits lawsuits for minor injuries. However, once a serious injury is established, traditional fault-based claims apply.

Understanding how no-fault insurance works is critical to knowing when you can pursue full compensation.

Common Mistakes in No-Fault Claims

Accident victims often make mistakes that hurt their claims, including:

  • Missing deadlines
  • Failing to submit medical records
  • Assuming no-fault covers pain and suffering
  • Not consulting an attorney early

Insurance companies may deny benefits or undervalue claims without proper advocacy.

Why Legal Representation Matters in No-Fault Cases

No-fault cases may appear simple, but they often involve:

  • Insurance disputes
  • Serious injury claims
  • Medical documentation challenges
  • Coverage denials

An experienced personal injury law firm can:

  • Handle the no-fault insurer
  • Preserve your right to sue
  • Maximize compensation
  • Navigate New York’s insurance laws

No-Fault Auto Insurance in New York City

Hill & Moin represents accident victims throughout New York City who are dealing with no-fault insurance, serious injuries, and complex claims. Local experience with New York’s insurance law and courts makes a meaningful difference.

Speak With Hill & Moin About Your No-Fault Injury Claim

If you were injured in a New York car accident, understanding your no-fault insurance rights is critical to your recovery. Hill & Moin helps accident victims pursue all available benefits and compensation under New York law.

We offer a free consultation to review your case, explain your options, and determine whether you may pursue a personal injury claim beyond no-fault benefits. Contact Hill & Moin today to protect your rights and your future.

What to Do After a Hit-and-Run in New York City

January 15th, 2026 by

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

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.

Do You Have a Case After a NYC Subway or Train Station Accident

January 12th, 2026 by

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.

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.

Using Expert Witnesses in Slip-and-Fall Trials: Is It Worth It?

December 15th, 2025 by

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.

Who Qualifies as a Beneficiary in a Wrongful Death Suit in New York?

December 11th, 2025 by

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 accidentsmedical malpracticeconstruction 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:

  1. 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
  2. If there are no children, the spouse may receive the entire wrongful death settlement.
  3. 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.
  4. 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.
  5. 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

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.

Filing Against the City: Special Considerations for Claims vs. NYCHA or DOT

December 2nd, 2025 by

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:

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

  1. 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 recordsvideo 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 delayslost 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.

Elevator & Escalator Safety: NYC Owners’ Duties

November 24th, 2025 by

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:

These incidents can lead to significant medical expenseslost 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:

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:

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.

When Hotel Leaks Cause Slip-and-Fall Injuries

November 17th, 2025 by

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 injuriesmedical 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:

  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.