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TY was exiting work when she slipped and fell due to a defective staircase. Due to this fall, TY suffered a tear of the right rotator cuff and underwent a right shoulder arthroscopic rotator cuff repair.

TY was referred to Hill & Moin LLP by her Worker’s Compensation Attorney. After speaking and meeting with the attorneys at Hill & Moin LLP, TY was relieved to hear that the firm would be able to help her with her case. The attorneys at Hill & Moin LLP worked diligently throughout the whole case to ensure that TY was taken care of. By the end of the litigation, TY became the happy recipient of a $400,000 settlement.

When Hill & Moin informed TY of her settlement award, she was ecstatic. Despite the COVID-19 pandemic, her case moved ahead. TY was very happy with the work Hill & Moin LLP did for her and described Hill & Moin LLP as very friendly and accommodating. The settlement proceeds will greatly improve the quality of TY’s life, and she strongly recommends Hill & Moin LLP to anyone searching for only the best legal representation.

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AG tripped and fell due to a hole in the basement while working as a home care nurse. Due to this fall, AG suffered a torn ligament in her left ankle and underwent repair surgery.

AG began her search for a law firm that she believed could provide excellent representation. She decided to retain Hill & Moin LLP, knowing she was going to be in good hands. Despite the COVID-19 Pandemic and fierce litigation by defense counsel, Hill & Moin LLP was able to secure a $500,000 settlement for AG.

AG was very grateful that Hill & Moin LLP was able to obtain this settlement for her. AG plans to use some of the proceeds to renovate her home. She described Hill & Moin LLP as a great firm providing only the best legal representation. AG definitely recommends Hill & Moin LLP to anyone searching for the best lawyers.

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AL tripped and fell due to a defective sidewalk. Due to this fall, AL fractured her right wrist.

AL’s mother had been represented by Hill & Moin LLP in a motor vehicle accident many years ago and knew the quality of the firm’s litigation skills. She retained the firm knowing she was in good hands. Despite the COVID-19 Pandemic and delays in court, Hill & Moin LLP was able to secure a $350,000 settlement for AL.

AL was very grateful that Hill & Moin LLP was able to obtain this settlement, especially during the COVID-19 pandemic. She described Hill & Moin LLP as a wonderful firm providing the best representation with the best attorneys. AL wholeheartedly recommends Hill & Moin LLP to anyone searching for proven legal representation.

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Mr. Andrei was riding a scooter when the wheels of the scooter got caught on the defective sidewalk and caused him to fall to the ground. The incident resulted in Mr. Andrei suffering an ankle fracture.

Mr. Andrei consulted with Hill and Moin LLP and was confident that the firm would help him achieve the best result possible, and they certainly did.

The hard work of the attorneys at Hill and Moin LLP paid off and the client praised them for all they did to reach the outstanding settlement.

Mr. Andrei highly recommends Hill & Moin to anyone who has suffered a serious personal injury as a result of a negligence and is looking for high quality and professional legal representation.

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RM was walking to his friend’s house when he tripped and fell due to a defective sidewalk. Due to this fall, RM fractured his left wrist and underwent surgery.

RM searched for legal representation and was referred to the law firm of Hill & Moin LLP. He called their office and the attorneys at Hill & Moin LLP began working on his case right away. Although the case was fiercely litigated by defense counsel, RM became the happy recipient of a $375,000 settlement.

When Hill & Moin informed RM of his settlement award, he was ecstatic. RM was very grateful that Hill & Moin LLP was able to obtain this settlement, especially during the COVID-19 pandemic. He described Hill & Moin LLP as an excellent firm providing the best representation. RM plans to use some of his settlement proceeds to build a house in his home country for his son and take entrepreneur classes to start his own auto business. RM wholeheartedly recommends Hill & Moin LLP to anyone searching for proven legal representation.

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Mark Campbell was driving his vehicle on Atlantic Ave in Brooklyn. While yielding the right of way to an emergency ambulance at the intersection of Atlantic Ave and Rochester Ave, his vehicle was rear-ended by a USPS driver. This auto accident resulted in Mark Campbell sustaining injuries to his back that eventually required Mark to undergo surgery.

Because of his suffering, Mark Campbell sought to find a law firm that could provide excellent legal representation. He met with another attorney, who recommended he immediately contact Hill & Moin LLP. Upon meeting our accident lawyers at Hill & Moin LLP, Mark Campbell was happy to learn that we have had decades of experience working on cases such as his. After tirelessly working on Mark’s case, Hill & Moin LLP was able to successfully resolve his case with a settlement of $590,000.

Mark Campbell was elated to learn that Hill & Moin LLP was able to obtain to secure this settlement, greatly exceeding his expectations. Mark Campbell’s experience with Hill & Moin LLP was extremely pleasant and would highly recommend that anyone who is a victim of a personal injury accident retain Hill & Moin LLP in order to obtain the best results possible.

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Slip-and-falls are among the most common premises liability cases, but premises liability law goes far beyond slipping, tripping, and falling. Premises liability refers to the duty of care that property owners have towards others.

Some property owners neglect their responsibilities, which could lead to property damage and serious injuries. When this happens in New York, victims can contact the personal injury lawyers of Hill & Moin to learn their legal options.

Most Common Types of Premises Liability Cases

What are the most common premises liability claims?

• Slip and fall injuries: Though people fall for many reasons, some of them are preventable. For instance, if employees do not clean spills promptly or fail to warn customers of wet floors, an injured individual could pursue personal injury damages. If negligence played a role in an accident, the responsible party could be held liable.

• Poisonings or exposure to toxic materials: Sometimes, people get sick because they have been exposed to toxins or fumes at work or in a rented house. Common environmental toxins include carbon monoxide, asbestos, lead, and pesticides.

• Construction accidents: You could benefit from professional guidance every step of the way when you hire a personal injury attorney after a construction accident. Our knowledgeable legal team has assisted clients in navigating the complex workers’ compensation system, even undocumented workers. We can also give you additional options in the case your claim was recently denied. As a visitor to a construction site, you have rights too. Call (212) 668-6000 for a free case evaluation.

• Elevator or escalator accidents: Elevators and similar machinery require continual maintenance to function well. Suppose a business owner, for example, does not inspect and repair an elevator on a regular basis. In that case, he or she could face a personal injury lawsuit if someone is hurt in the elevator.

• Fire injuries: In New York, buildings must meet fire safety codes. A property owner who ignores these regulations could put people’s lives in danger.

• Dog bites: Did a dog attack you or your child in New York? You may sue the dog owner to seek damages, such as medical costs and veterinary bills, if a dangerous dog bit you. To learn your rights, request a free legal consultation today.

• Inadequate security: Diligent property owners do what they can to keep their land or buildings safe. Broken or missing cameras and locks or poor lighting can add up to a dangerous situation for people visiting the property. If employees or customers sustain injuries during a robbery, assault, or act of vandalism, New Yorkers can contact our law firm to receive a free consultation. There’s no obligation to hire us, and you could discover that you are due significant compensation.

Of course, there are many other cases that may be covered by premises liability law but are not mentioned in this list. Why not send a message to let us know about your case?

Common Damages Your Claim Could Pursue

Your confidential case review could reveal that you are eligible for financial compensation, such as:

• Medical expenses: If you’re injured in an accident, the first step after is to seek medical attention. But many people underestimate the impact of medical bills after a premises liability accident. In addition to causing unnecessary stress, medical debt may ruin your credit score for years in the future.

• Lost wages: Hill & Moin attorneys understand that each day matters when you are struggling to support your family. When you miss work because of your injuries, a premises liability settlement could pay for a significant portion of your lost wages.

• Psychological injuries: Physical pain and the trauma of an accident can affect your emotional and mental well-being. The experienced lawyers across our network can help you investigate your legal remedies for compensation.

• Property damage: If your car or house got damaged in a premises liability accident, you could seek financial compensation for repairs or the replacement value.

• Funeral and burial costs: When someone dies in a premises liability accident, surviving family members may file a wrongful death claim to cover reasonable expenses for a funeral service.

The Time You Have Left To File a Claim Depends On Your Case

In New York, premises liability lawsuits are subject to a deadline called the statute of limitations. After a specific period of time passes, you could lose your eligibility to pursue justice and financial compensation for your case. You have the right to sue for proper compensation, but time could run out if you wait too long.

You may have more or less time to act when compared with other premises liability claims. It all depends. The statute of limitations differs by circumstances, and a knowledgeable attorney can explain these to you.

On behalf of our clients, we have won lawsuits that paid for thousands of dollars of past and future medical treatment and rehabilitation costs. Would you like to secure your future?

The sooner you contact Hill & Moin personal injury lawyers, the sooner you can learn how our Personal Injury Recovery SolutionsⓇ can work for you. Reach out to us at (212) 668-6000 or fill out the brief contact form. Don’t wonder about your rights!

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Workers are injured every day in New York. From construction accidents to office injuries, workplace injuries can cause severe harm. In New York, workers’ compensation law is usually the key to on-the-job injuries.

Known as the “exclusive remedy” for workplace injuries, workers’ compensation is one of few ways that injured employees may seek financial relief for their pain and suffering. Employers must pay for workers’ compensation insurance, and they are, in turn, immune from injury lawsuits. That means that if you’re injured at work, most of the time you can’t sue a co-worker or your employer for any negligence that may have caused your injury.

The workers’ comp system can be mutually beneficial for both employee and employer, as the benefits should begin right away and no further legal action is required. The injured employees at the average workplace would have no need to sue their employer or coworkers, while there are some notable exceptions.

When Workers’ Compensation is Not Enough

In New York, it is extremely rare for an injured employee to sue an employer. Usually, the employee would pursue a workers’ compensation claim through the employer’s insurer, and even if denied the first time, the worker can appeal and may eventually get the compensation to which he or she is entitled.

However, in some extreme cases, an employee may file suit against his or her employer. There are two instances in which we might advise our client to sue the employer:

1. 1. The employer caused the injury intentionally. While this is very rare, your employer may have intended to cause you harm and acted in such a way with the express intention of hurting you. If so, you may sue your employer for damages. Negligence, though, is not enough to file a suit against your employer.
   2. The employer is not sufficiently insured. If your employer does not have adequate workers’ compensation coverage or perhaps any at all, you may be able to file a lawsuit against your employer. This would allow you to receive the damages that you would normally have received through the workers’ compensation process.

While these two instances are very rare, they do happen. The best thing in any scenario involving failing to receive your workers’ compensation would be to speak to an experienced lawyer.

Suing Versus Filing a Claim – The Difference

Many people think that filing a workers’ compensation claim and suing an employer are the same thing. These are, in fact, two very different actions. Going through the workers’ comp process involves dealing with the employer’s insurance company and may not involve lawyers nor a court of law. Suing your employer, on the other hand, means that you file a personal injury lawsuit against the entity or person that employs you.

In a perfect world, workers’ comp is done quickly and internally, while you get all the help and financial support that you need for your recovery. In reality, though, there are often times when employees are not given the amount of compensation or time off that they deserve. Worst case scenario – an employee may have his or her claim denied and the employer’s insurance company may refuse to pay them any benefits.

It’s at this point that some people would want to sue their employer. However, under workers’ compensation law, that is not the next step. Rather, you can appeal the decision through the New York State Workers’ Compensation Board. Before going through with your appeal, it’s always a good idea to get legal advice from a workers’ compensation lawyer who knows how the process works in New York.

Workers’ compensation claims can usually be resolved through the appeals process before the workers’ compensation board. However, as previously mentioned, if the employer’s insurance is inadequate, or the employer deliberately tried to cause harm to the employee, then – and only then – can the employee sue his or her employer. 

Help On Your Journey to Compensation

Any claim or lawsuit can seem daunting on your own. You know that you may be entitled to compensation for your workplace injuries, but you could be unsure as to how to get it. That’s where Hill & Moin comes in.

Our New York workers’ compensation lawyers are compassionate and knowledgeable. Dealing with our firm is like having a lawyer in the family. No question is too small and no case is too complex.

We want to answer your questions and help you get the compensation you deserve. Even if you are an undocumented worker, we can help you pursue workers’ compensation by law at no risk to you.

Dealing with workers’ compensation in New York is a challenge, and you might be wondering whether you even have a solid potential lawsuit against your employer. Help is here for the taking – don’t hesitate to get in touch with Hill & Moin’s workers’ compensation attorneys in a free consultation.

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Negligence is the failure to take proper care. Sometimes, one party’s negligence results in damage or injury to another person. In the eyes of the law, the negligent party is liable for his or her (or their) harmful actions.

As a New Yorker, the law offers you protections that enable you to seek justice if you were injured on someone else’s property. The responsibility of property owners is governed by premises liability law. Yet, is there a difference between premises liability and negligence?

First, you should understand the similarities. Negligence and premises liability are both legal terms used in personal injury law. Both may involve the failure of one party to act as one would reasonably expect under a certain set of circumstances.

What You Need to Know About Negligence Claims

Negligence may be a factor in nearly any type of personal injury claim, from car accidents to medical malpractice. If someone (the defendant) acted negligently by accident, a personal injury lawyer could take legal action to seek justice for the victim (the plaintiff).

In any case, an attorney would base a negligence claim on at least four essential components:

• The plaintiff suffered an injury or a loss. When people or organizations make illegal mistakes, they might face legal consequences. For instance, they may pay a fine, forfeit a privilege, or spend time in jail. Yet, if their actions did you no harm, you cannot sue for financial compensation.

• The defendant owed a legal duty to the plaintiff. The relationship between the defendant and the plaintiff matters. The duty of a physician, for example, is to provide competent medical care for patients. Another person, on the other hand, would not owe the same duty to you that a doctor would. Thus, he or she would not have the same liability under the law.

• The defendant breached the duty. To breach a duty means failing to fail to live up to responsibility, whether by law, contract, agreement, or code of conduct. Courts determine whether or not the defendant did (or failed to do) something that a reasonable person would have done in a similar situation.

• The breach caused the plaintiff’s injury. Negligence, rather than any other factor, must have caused the injury. A court would also consider whether the damage was foreseeable or not. People could expect, for example, that driving drunk would endanger the lives of other motorists. Yet, hardly anyone could predict a sudden landslide would obstruct a lane of the highway.

Evaluating these requirements is a complex process. People could easily miss out on winning the compensation they deserve unless they have help. Our experienced legal team would be happy to evaluate your claim for free.

How To Understand Premises Liability Claims

Then, what is premises liability? This set of laws specifically governs property owners, their premises, and the people who might enter their properties. In court, the condition of the property influences the decision. If the dangerous condition was foreseeable but the defendant did nothing to prevent an accident, then you have the determining factor right there.

Simply put, lawyers use the following factors to establish premises liability claims:

• The defendant controlled the property. Was the property in the care of the person who caused the accident? For instance, did he or she own, lease, or live in the property where you got hurt? A personal injury lawyer investigates to determine which party had an obligation to maintain the property and warn others of foreseeable hazards.

• The defendant was negligent. Next, attorneys need to establish the property owners’ negligence. Did they fail to perform regular inspections, post warnings, and fix dangerous issues? Proving that the defendant did not look after his or her responsibilities despite foreseeable hazards is crucial for a premises liability case in New York.

• The defendant’s negligence caused your injury. Your injury must be due to the owner’s negligence. If the injury happened because of another factor or at another location, your claim would be invalid.

Each state has its own laws about premises liability. So, what applies to legal actions in other states might not apply to a New York case. As you may imagine, hiring a New York law firm with the right experience could be the difference between a successful and unsuccessful local claim.

Get Your Questions Answered

What to do if you slip and fall a store? Or on a public property? How can you be sure what kind of legal claim you have? At Hill & Moin, our clients are like family. We offer New York residents free case evaluations. During your session, we can determine whether you have a premises liability or another negligence case. Call (212) 668-6000 at your earliest convenience to schedule an appointment.

Our telephone lines are open 24 hours a day because getting in touch with us is urgent. Both premises liability and negligence claims are subject to a strict deadline set by the State of New York. If you hesitate too long after a personal injury incident, you could lose the opportunity to get extraordinary results.

As a New Yorker, pursuing your rights after a personal injury accident could secure your future and restore your peace of mind. Whether you have a negligence or premises liability claim on your hands, our legal team can lighten your load by implementing our Personal Injury Recovery SolutionsⓇ to get extraordinary results. Don’t wonder about your rights! Schedule your free consultation today.

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No matter where you look – billboards, TV commercials, or on the radio, there is never a shortage of ads for personal injury lawyers in New York. When we imagine personal injury cases, the first thing that may come to mind is motor vehicle accidents or similar incidents that result in severe injuries including paralysis, a loss of limbs, or death. 

In reality, the scope of personal injury claims is much larger, extending even to harm resulting from a hazard on someone else’s property. These claims are referred to as premises liability, which has largely been established by common law. Let’s discuss “common law” and take a closer look at premises liability cases and the series of laws that govern them. 

A Background On Premises Liability

When you are visiting a public or private property, it is only natural to act on the assumption that the area will be clear of hazards, well maintained and cared for. At the same time, it may be true that there are some potential hazards that cannot be removed completely. In any case, keep an eye out for warning signs that should be visible so you can avoid the dangers and keep safe.

The responsibility of property owners and managers is called a “duty of care” – meaning that they owe it to you to keep the property safe. A premises liability claim or lawsuit can be made if a property owner’s negligence (or perhaps the business owner, property manager, or another party – depending on the circumstances of the case) caused injuries to a guest or visitor to the property. 

The Difference Between Common Law and Statutory Law

Within the sphere of law, there are two fundamental parts: common law and statutory law. When thinking of the term “common law,” most likely the next word that comes to mind is “spouse.” In reality, though, common law refers to a set of laws that have come into existence through precedent – or previous rulings found in court that set the basis for future decisions. 

With that definition in mind, the term “common law marriage” makes sense. It is not a marriage in an official sense (being without a marriage license) but is recognized as a marriage in the eyes of the courts for certain cases. 

Statutory law, on the other hand, is a series of written laws passed by the legislature, otherwise known as legislation. These laws are well-established and pre-determined, rather than relying on a judge to set a legal precedent for future cases. 

Premises Liability Cases Are Usually Common Law Cases

As a general rule, “tort law,” which includes cases such as negligence, defamation, and personal injuries, falls under the category of common law. Instead of being a series of official, written laws, judges have (over time) constructed a number of rules and principles that govern these cases to hold individuals accountable for their actions that caused harm to someone else. 

Since premises liability cases generally fall under negligence, they are considered to be common law cases. However, there are some cases where the property owner has a statutory obligation to the victim. 

For example, municipalities generally have a Housing Code in effect to protect tenants. These Housing Codes are legally binding laws, and they include the responsibility of landlords to provide a safe living environment. If a landlord fails to meet the minimum standards put in place and this results in an injury, he or she is liable under the common law principle of premises liability, as well as the statutory law set out under the Housing Code. 

As seen, there are many nuances at play when dealing with common law cases. Lawyers who have experience with premises liability cases are well-versed in both common law and statutory law principles for the State of New York. 

Premises Liability Claims in New York

Take, for example, a common type of premises liability claim: slip-and-falls. These can happen for different reasons, on uneven walkways or defective steps. During the long winter months, snow and ice can pile up on sidewalks and walkways, increasing the danger of serious slips that can lead to injuries. People slip every day, but many do not seek medical attention for such embarrassing, seemingly minor mishaps.

According to the National Floor Safety Institute, falls alone account for over 8 million trips to the emergency room in the United States each year, which represents the leading cause of ER visits. Of course, there are countless other injuries that do not result in an immediate visit to the hospital but may still require medical attention. Many people feel fine and fail to visit a doctor after what seemed to be a minor fall but start to feel the effects in the days or weeks that follow. 

Types of premises liability claims

While slip-and-falls may be the most common type of premises liability claims, personal injury lawyers see many different types of premises liability cases, including: 

• Elevator accidents
• Dog bites
• Falling hazards
• Defective signs

How common law may apply

Of course, not all situations where someone is injured on public or private property are eligible for a premises liability claim. Since common law varies from state to state, the requirements to establish a case may vary by location. 

Common law principles require two factors to be true in order to successfully file a premises liability claim or lawsuit in New York:

1. A condition or hazard on the property caused an injury
2. The dangerous condition was foreseeable
3. The liable party either caused the hazard, knew about it and did not fix it, or failed to provide appropriate warnings to avoid the hazard

When working on a premises liability case, personal injury lawyers build and analyze evidence to prove these claims and hold the right parties liable after an accident. 

When to File a Premises Liability Claim

Filing a premises liability claim with an insurance company or filing a personal injury lawsuit for damages is not often the first thought after suffering an injury on someone else’s property. The problem is, though, that the injuries suffered can cause a serious financial burden for the victim and impact his or her quality of life. 

In order to receive fair compensation for the physical and emotional damages caused by the accident, you should examine your legal options. A lawyer can determine whether your accident was the result of someone else’s negligence and what to do next. 

Many injury victims are not fully aware of the laws in New York surrounding premises liability, including who can be found liable, how it must be proven, and how much time the law allows for a case to be filed. It can help to have a “lawyer in the family,” as Hill & Moin has been described. A free, no-obligation consultation with our firm could be just what you need to understand your legal rights after an accident. 

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