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At Hill & Moin LLP, our personal injury attorneys have represented countless families whose lives were changed by swimming pool accidents and playground injuries on private property. These cases often raise difficult questions about responsibility and liability. If an accident occurred at someone’s home, who can be held accountable? And are property owners always legally responsible when someone gets hurt?

Understanding the rules surrounding premises liability and the available legal defenses can make a major difference in how these cases unfold. Whether your child was injured on playground equipment at a private residence or you were hurt in a backyard pool, knowing your rights under the law—and what the property owner’s legal duty was—is critical to pursuing fair compensation.

The Legal Foundation: Duty of Care on Private Property

Every property owner—from homeowners to landlords—owes a duty of care to those who enter their property. In general, this duty means the owner must take reasonable steps to maintain a safe environment and prevent foreseeable harm.

Under premises liability law, the extent of this duty depends on the visitor’s legal status:

1. Invitees (guests invited for mutual benefit, such as customers) must be protected from known and potential hazards.
2. Licensees (social guests) must be warned about hidden dangers the owner knows about.
3. Trespassers are generally not owed a duty of care—unless they are children drawn to a property by something attractive yet dangerous, such as a pool.

That last scenario falls under the attractive nuisance doctrine, one of the most important legal principles in pool and playground accident cases.

The Attractive Nuisance Doctrine: Protecting Children

A swimming pool, trampoline, or playset may seem like harmless fun—but legally, they can be considered “attractive nuisances.” This means that if a property owner knows that children might be drawn to these features, they have a responsibility to prevent access and protect kids from harm—even if those children were trespassing.

Examples include:

• Unfenced swimming pools that children can access easily
• Broken equipment or malfunctioning playground structures

• Diving boards or slides with inadequate supervision
• Backyard pools left uncovered or without proper signage

If a child is hurt in one of these situations, the private property owner can be held liable for failing to take reasonable care to secure their property.

Common Injuries from Pool and Playground Accidents

Both swimming pool accidents and playground injuries can result in serious injuries, especially in cases involving young children. Common outcomes include:

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

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

• Internal injuries from falls or impact

Victims may face long-term medical expenses, physical therapy, and emotional trauma. When these injuries result from a property owner’s negligence, victims have the right to file a premises liability claim to recover damages.

Determining Negligence in Pool and Playground Cases

For a premises liability claim to succeed, the injured party must show that the property owner failed to meet their legal responsibility to maintain a safe environment. This typically involves proving:

1. The property owner owed the injured party a duty of care.
2. The property owner breached that duty by failing to correct or warn of unsafe conditions.
3. The breach caused the accident and the injuries sustained.
4. The injured person suffered measurable damages such as medical bills, lost wages, or emotional distress.

For example, if a pool owner knew that the ladder to their pool was broken but failed to repair it, and a guest slipped and fell, that could constitute property owner’s negligence.

Similarly, if a playground accident occurs because playground equipment was rusted or unstable, and the homeowner ignored maintenance needs, they may be found legally responsible.

Legal Defenses for Property Owners

Not every injury on private property results in liability. Property owners and their attorneys may raise several legal defenses to argue that they acted reasonably or that the injured person contributed to the accident.

1. Lack of Negligence

The property owner might claim they took all reasonable steps to ensure safety—such as maintaining the pool, posting warnings, or repairing equipment. If an accident happened despite these precautions, they may argue it was a true accident, not negligence.

2. Comparative Negligence

Under comparative negligence laws, if the injured person shares responsibility for the accident, their compensation may be reduced proportionally. For instance, if an adult guest ignored posted warnings or used playground equipment unsafely, they could be found partially at fault.

3. No Legal Duty

In some cases, the owner may argue that the injured person was a trespasser and that they owed them no duty of care. However, this defense is limited when children are involved due to the attractive nuisance doctrine.

4. Assumption of Risk

If the injured person willingly engaged in an activity they knew was risky—such as diving into a shallow pool—they may be seen as having assumed the risk, weakening their case for compensation.

5. Third-Party Responsibility

Sometimes, accidents are caused by negligent parties other than the homeowner. A manufacturer could be responsible for a defective pool drain or a contractor for poor installation. Identifying all responsible parties is key to pursuing fair compensation.

Evidence That Strengthens a Premises Liability Claim

If you or a loved one was injured, gathering strong evidence can make the difference between winning and losing your case. Useful evidence includes:

• Photos and videos of the accident scene

• Proof of unsafe conditions (broken steps, missing fences, debris, etc.)
• Witness statements
• Medical records documenting injuries sustained

• Maintenance records or proof of prior complaints
• Statements from experts in premises safety or accident reconstruction

A skilled law firm will help you collect and analyze this evidence to establish negligence and hold negligent parties accountable.

Cases Involving Children: Special Legal Considerations

When cases involve children, the law tends to favor the injured child’s protection over the property owner’s defense. Courts often find that children lack the capacity to fully understand risks—making it the homeowner’s duty to implement specific safety regulations like fences, covers, and warning signs.

Even if a child was technically trespassing, state law often allows recovery under the attractive nuisance doctrine if the owner failed to prevent access to dangerous areas like swimming pools or trampolines.

Potential Compensation for Victims

Victims of pool or playground accidents may be entitled to damages for:

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

• Rehabilitation and therapy

• Wrongful death benefits in fatal cases

At Hill & Moin LLP, our premises liability attorneys work tirelessly to help clients recover damages that reflect the full impact of their injuries—financial, emotional, and physical.

Holding Negligent Property Owners Accountable

Private homeowners and pool owners often underestimate their legal responsibility when inviting guests or maintaining features that attract children. But when they fail to properly maintain these areas or ignore fall risks and unsafe conditions, they can be held responsible for devastating injuries.

If your family member has been hurt on private property, you deserve to know your legal options. The law is clear: property owners must act with reasonable care, and when they don’t, victims have every right to seek justice.

Speak With Hill & Moin LLP Today

If you or your child has suffered pool or playground injuries on private property, don’t wait to find out whether negligence played a role. Hill & Moin LLP has the experience and resources to investigate your case, identify responsible parties, and fight for the fair compensation you deserve.

Schedule your free consultation today to discuss your case with an experienced attorney. Call (212) 668-6000 or contact us online to get the compassionate and effective legal representation your family needs.

At Hill & Moin LLP, we’re committed to protecting injury victims and holding negligent property owners accountable—because your safety, recovery, and peace of mind matter.

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In the bustling streets of New York City, street vendors are an iconic part of everyday life. From hot dog stands to fruit carts, vendors bring vibrancy—and valuable convenience—to the city’s sidewalks. But with so many mobile carts operating near store premises, crosswalks, and public spaces, accidents can happen.

When a misplaced cart blocks a sidewalk, tips over, or rolls into a pedestrian, cyclist, or vehicle, the injuries can be serious. Victims often suffer falling object injuries, fractures, or even head trauma. Yet, determining who’s liable for such street vendor collisions can be complex.

Is it the vendor? The property owner? The store management that allowed the obstruction? Or could multiple parties share responsibility?

At Hill & Moin LLP, our experienced personal injury attorneys help injured New Yorkers navigate these difficult questions. If you’ve been injured by a vendor’s misplaced cart or unsafe setup, you may be entitled to fair compensation for your medical expenses, lost wages, and more.

Call (212) 668-6000 today for a free consultation with a law firm that treats clients like family.

Understanding Street Vendor Collisions in New York City

Street vendors operate throughout New York City, especially in high-traffic areas such as Times Square, SoHo, and Midtown Manhattan. While the vast majority comply with city ordinances, some fail to follow safety measures—leaving their carts in dangerous locations or without proper stabilization.

These unsafe conditions can lead to accidents involving:

• Pedestrians tripping over misplaced carts

• Bicyclists or scooter riders colliding with vendor setups that spill into traffic lanes
• Falling object incidents, such as umbrellas or signs detaching from carts
• Food stands or carts rolling down sidewalks or ramps
• Vendors blocking store premises exits, creating hazards during emergencies

When such falling object accidents or street collisions occur, the injured person can file a premises liability claim under New York law.

How Premises Liability Applies to Street Vendor Accidents

Under New York’s premises liability laws, property owners and operators have a duty to maintain safe premises for the public. This includes taking reasonable steps to warn customers and prevent hazards like obstructed walkways or improperly secured vendor carts.

If a responsible party failed to exercise reasonable care, and you were injured as a result, they may be held liable for your damages.

Key Elements of a Premises Liability Case

To recover compensation, an injured party must prove:

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

For example, if a store owner allowed a vendor to block their storefront, or a property manager failed to ensure proper supervision, they may share liability for the resulting harm.

Common Injuries Caused by Misplaced Vendor Carts

Though a cart may seem harmless, street vendor collisions often lead to serious injuries—especially when heavy equipment or metal stands are involved.

Common injuries include:

• Falling object injuries, such as head trauma from collapsing umbrellas or signs
• Broken bones and sprains from tripping or slipping
• Back and neck injuries due to sudden impacts
• Lacerations or bruises from sharp cart edges
• Internal injuries or concussions caused by a falling cart

In severe cases, victims may face permanent disability, chronic pain, or the inability to work—leading to mounting medical bills and lost wages.

Determining Liability: Who Can Be Held Responsible?

Identifying the liable parties in a street vendor collision requires careful investigation. Several individuals or entities may share legal responsibility depending on the specific circumstances of the accident.

1. The Street Vendor

Vendors must comply with New York City’s street vending regulations, which include positioning carts safely and keeping walkways clear.
If a vendor ignored these safety protocols, failed to secure their cart, or caused falling objects through negligence, they could be held responsible.

2. The Property Owner

If the accident occurred on or near store premises, the property owner or store management may also share liability. Property owners have a legal duty to maintain safe premises and ensure vendors on their property follow proper safety measures.

3. The City of New York

In some cases, a municipal agency could be liable—for example, if the city issued a street vending permit in an unsafe location or failed to maintain safe public walkways. Filing against a government entity involves strict deadlines under New York’s statute and requires a Notice of Claim within 90 days.

4. Building Owners and Maintenance Companies

If a vendor was stationed near a construction site or building entrance, and a lack of safety equipment or construction materials contributed to the incident, the building owner or maintenance company could also be named in a premises liability claim.

5. Multiple Parties

Often, multiple parties are at fault. For instance, a store owner who allows an unsafe vendor setup and a vendor who neglects safety requirements could both be held responsible for the injured party’s damages.

An experienced personal injury attorney can help identify potentially liable parties and ensure every responsible party is included in the liability claim.

Proving Negligence in Street Vendor Accident Cases

To establish liability, your attorney must gather strong evidence demonstrating how the responsible party failed to prevent the accident.
This may include:

• Photographs of the accident scene showing cart placement or obstruction
• Witness statements confirming unsafe conditions
• Surveillance footage from nearby stores or intersections
• Medical records linking your injuries to the collision
• Vendor permits, lease agreements, or inspection reports
• Expert testimony on premises liability laws and safety standards

Because New York City is crowded and constantly changing, evidence can disappear quickly—making it critical to seek medical attention and contact an attorney immediately.

Legal Responsibility Under New York Premises Liability Laws

Under New York law, property owners, managers, and vendors must act with reasonable care to prevent foreseeable harm.

That means they must:

• Regularly inspect areas for hazards
• Maintain safe premises by removing obstacles or securing carts
• Warn customers about potential dangers
• Implement safety measures, like barriers or signage

When any of these duties are ignored, and someone is hurt, victims have the right to file a premises liability claim to pursue compensation for their losses.

What to Do After a Street Vendor Collision

If you’ve been injured in a street vendor collision or falling object incident, follow these steps to protect your rights and health:

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

5. Keep medical bills and records of lost wages or missed workdays.
6. Contact an experienced legal representative as soon as possible.

A premises liability case can be complex—especially when multiple entities are involved—but early action strengthens your position.

Compensation Available to Injured Victims

If you’ve been injured because a responsible party failed to maintain safe premises, you may be entitled to compensation for:

• Medical expenses and ongoing treatment
• Lost wages and diminished earning capacity
• Pain and suffering

• Property damage

• Wrongful death (if the accident results in fatal injuries)

Your attorney will calculate all economic and non-economic damages to ensure you receive a successful outcome that truly covers your losses.

How an Experienced Attorney Can Help

At Hill & Moin LLP, we understand that accidents involving street vendors, falling objects, or unsafe premises often leave victims facing physical pain and financial stress. Our experienced legal representation includes:

• Conducting a detailed investigation to prove negligence

• Identifying all liable parties, including property owners, vendors, and store management

• Gathering evidence from witness statements and surveillance footage

• Filing all legal paperwork within New York’s statute of limitations

• Negotiating aggressively for fair compensation

• Pursuing litigation if settlement offers fall short

Our attorneys are dedicated to protecting your legal rights and guiding you through the legal process with compassion and clarity.

Preventing Street Vendor Collisions in New York City

Safety depends on everyone doing their part—vendors, property owners, and the city alike. Preventative measures include:

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

• Conducting routine safety inspections by property managers

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

• Holding negligent parties accountable when unsafe conditions lead to harm

By enforcing these rules, New York can help reduce falling object accidents and keep pedestrians safe on busy sidewalks.

Contact Hill & Moin LLP for a Free Consultation

If you’ve been injured by a misplaced street vendor cart or any unsafe condition in New York City, don’t wait to get help. The legal implications of premises liability cases can be complicated, and time limits apply.

At Hill & Moin LLP, we have decades of experience helping victims of premises liability, construction accidents, and falling object injuries secure justice. We’ll handle every step of your liability claim—so you can focus on recovery.

Call (212) 668-6000 or contact us online today for a free consultation.
With Hill & Moin, you’ll have lawyers in the family fighting for your fair compensation and peace of mind.

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Hill & Moin LLP is proud to serve New York City residents with trusted, proactive personal injury legal support. Summer in the city brings outdoor attractions — from Coney Island amusement rides to street fairs in Queens and the Bronx. While these events provide joy to millions, they can also become dangerous when safety standards are ignored.

If you or a loved one has been injured at an amusement park or a neighborhood fair, you may be wondering: Who is responsible? How do I prove negligence? And what steps do I need to take right away? At Hill & Moin LLP, we make your recovery and future our priority.

Common Types of Amusement Park and Street Fair Injuries

Amusement rides and festival setups involve moving machinery, temporary structures, and large crowds. When operators or vendors cut corners, accidents happen.

Frequent injuries include:

• Ride Malfunctions: Roller coasters, Ferris wheels, and spinning rides causing whiplash, falls, or traumatic injuries.
• Slip-and-Falls: Spilled food, uneven pavement, or poorly lit walkways.
• Trip Hazards: Loose cables and poorly maintained fairgrounds.
• Food Stand Accidents: Burns, contaminated food, or unsafe equipment.
• Crowd-Related Injuries: Pushes, trampling, or inadequate security.

Who May Be Liable for an Accident?

Liability in these cases can be complex because multiple parties are often involved.

• Ride Operators or Vendors: Negligence in operation, training, or equipment checks.
• Event Organizers: Failure to provide adequate security, signage, or crowd management.
• Property Owners: Unsafe premises or lack of maintenance.
• Manufacturers: Defective ride components or equipment failures.
• Municipal Agencies: Local government permits and oversight may create shared responsibility.

An experienced personal injury attorney investigates each angle to hold the correct parties accountable.

Local Context: NYC’s Amusement & Fairgrounds

Injuries often occur in well-known locations, such as:

• Coney Island, Brooklyn: Iconic roller coasters, bumper cars, and carnival games.
• Queens Street Fairs: Temporary rides, food vendors, and cultural festivals.
• Bronx Summer Festivals: Large community gatherings with rides and stages.
• Manhattan Block Parties: Street closures with temporary equipment.

Each borough has unique venues and courts of jurisdiction, such as Brooklyn Civil Court or Queens Supreme Court, depending on where the injury occurred.

Proving Negligence in Amusement Park & Street Fair Cases

To succeed in these cases, you must establish that:

1. A Duty of Care Existed – Operators and organizers had a legal obligation to keep the premises and equipment safe.
2. That Duty Was Breached – Through poor maintenance, staffing, or oversight.
3. The Breach Caused Harm – Your injury directly resulted from the unsafe condition.
4. Damages Occurred – Medical bills, lost wages, and pain and suffering.

Evidence may include:

• Witness testimony from other riders or attendees.
• Inspection reports for rides and equipment.
• Photos and videos of the hazard.
• Medical records documenting injuries.

CTA: Speak with a trusted New York injury attorney at Hill & Moin LLP—your future deserves protection.

Real-World Example: Bronx Street Fair Injury

A Bronx resident suffered serious injuries after tripping over unsecured electrical cords at a street festival.

Our investigation revealed:

• No warning signs or barriers around the hazard.
• The event organizer had prior complaints about poor safety.
• Vendors were instructed to set up quickly without adequate inspections.

Hill & Moin LLP filed a premises liability claim and secured compensation for medical treatment, lost wages, and long-term mobility therapy.

Challenges Victims Face

• Waivers & Releases: Some tickets or wristbands include liability waivers. However, New York law does not allow businesses to completely avoid responsibility for negligence.
• Insurance Disputes: Multiple policies may overlap, creating delays.
• Public vs. Private Liability: Municipal oversight can complicate deadlines for filing.
• Temporary Setups: Evidence may disappear quickly after the fair or ride is dismantled.

This is why contacting an attorney immediately is crucial.

Potential Compensation for Amusement Park or Fair Injuries

Victims may recover damages for:

• Emergency and ongoing medical costs.
• Lost income and reduced future earnings.
• Pain and suffering.
• Emotional trauma, especially in children.
• Wrongful death damages for grieving families.

At Hill & Moin LLP, we fight for the maximum compensation allowed by law.

Why Choose Hill & Moin LLP

Hill & Moin LLP offers NYC families:

• Decades of experience in personal injury and premises liability cases.
• Aggressive investigation into vendors, organizers, and municipal oversight.
• Compassionate client service that puts your security first.
• Proven results against large insurers and corporate defense teams.

We know how quickly accidents at parks and fairs can disrupt lives, and we’re here to help you take back control.

Key Takeaways

• Injuries at NYC amusement parks and street fairs often stem from operator or organizer negligence.
• Liability may involve ride operators, event organizers, property owners, manufacturers, or municipalities.
• Evidence disappears quickly—prompt investigation is key.
• Victims may recover for medical bills, lost income, and pain and suffering.
• Hill & Moin LLP makes your case and future our priority.

Call to Action

When your health, livelihood, or family’s future is on the line, every decision matters. Call Hill & Moin LLP in New York today to schedule your confidential, no-obligation consultation. Let our attorneys fight for your recovery while you focus on healing.

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Some of the biggest dangers to our health are things we can’t see. Carbon monoxide (CO) is a colorless, odorless gas that can be deadly when inhaled in high concentrations. Each year, over 400 people in the US die from exposure to carbon monoxide, while over 14,000 are hospitalized. 

Since it is nearly impossible to detect without specialized sensors, tenants in apartments often have no warning before exposure. When carbon monoxide poisoning occurs in a rental property, the legal question many tenants face is, “Can I file a personal injury lawsuit against my landlord or another liable party?”

The quick answer is yes, in many cases, you can file a carbon monoxide lawsuit. However, a successful claim depends on proving negligence and liability. At Hill & Moin LLP, we help victims of CO poisoning get justice and compensation for injuries inflicted on them by negligent property owners. 

What Causes Carbon Monoxide Poisoning in Apartments?

Carbon monoxide is produced when fuels like natural gas, oil, propane, charcoal, or wood do not burn completely. With proper ventilation and safety measures, most appliances and equipment that release carbon monoxide gas are safe for use. However, there are some situations where apartment residents can be exposed to CO. 

Common causes of carbon monoxide poisoning in apartments include:

• Faulty gas appliances: Gas stoves, ovens, furnaces, or water heaters improperly maintained can produce dangerous amounts of carbon monoxide.

• Blocked or damaged vents and chimneys: Ventilation systems that are clogged, broken, or improperly installed can trap carbon monoxide inside. 

• Malfunctioning boilers or furnaces: Central heating systems in apartment complexes, if poorly maintained, can leak carbon monoxide into multiple units. 

• Lack of carbon monoxide detectors: Many states and cities require landlords to install working CO detectors. If a landlord fails to install or maintain them, tenants may have no warning of a leak. 
• Neighboring unit issues: A CO leak in one apartment can spread to others. This is especially true in multi-unit buildings with shared ventilation systems. 

Symptoms of Carbon Monoxide Poisoning

Carbon monoxide is often called the “silent killer” because it is an invisible, odorless, and tasteless gas yet highly toxic. By the time a person shows symptoms, the injury is already serious and requires immediate medical attention to prevent possible death. 

Symptoms of carbon monoxide poisoning include:

• Dizziness, nausea, or vomiting
• Chest pain or difficulty breathing
• Blurred vision
• Confusion or brain fog
• Loss of muscle control
• Drowsiness
• Loss of consciousness

Carbon monoxide poisoning is one of the most common premises liability cases we see. To find out how we can handle your case, don’t hesitate to call us.

What to Do If You Suspect Exposure to Carbon Monoxide

The steps you take if you suspect you have been exposed to CO can mean the difference between life and death:

• Get to fresh air immediately. Leave the apartment and go outside.

• Call 911. Emergency responders can test CO levels, notify other tenants of the hazard, and provide medical assistance. 

• Seek medical care right away. Even if you feel better after leaving the building, CO can still be in your system and have delayed effects.

• Do not re-enter until cleared. Only return to your apartment once professionals confirm it is safe.

• Notify your landlord in writing. Document the incident and request an immediate inspection and repair. 

• Preserve evidence. Take photos of appliances, vents, and detectors. Keep medical records and note any symptoms.

• Contact a personal injury lawyer. An experienced lawyer can investigate the cause of the accident, identify liable parties, and pursue compensation. 

When You May Have Grounds for a Personal Injury Lawsuit

A carbon monoxide poisoning lawyer can review your case and let you know whether you have grounds to file a lawsuit. 

You may have a valid personal injury claim if:

• The landlord or property manager knew or should have known about the danger
• The landlord violated health and safety codes
• The exposure caused you harm
• The poisoning was preventable if the landlord had taken reasonable precautions. 

Who Can Be Held Liable for Carbon Monoxide Poisoning in an Apartment?

Your personal injury lawyer will work to identify all parties liable for your exposure to carbon monoxide and hold them liable for your damages. Depending on the circumstances, one or more of the following parties may be at fault. If you’re not sure whether this information applies in your case, please give Hill & Moin LLP a call.

Landlords and property owners

Landlords have a legal duty to maintain safe living conditions. They are the most common parties liable in cases of carbon monoxide poisoning. 

Property owners may be liable if they:

• Failed to install carbon monoxide detectors as required by law
• Ignored tenant complaints about faulty appliances
• Neglected regular inspection and maintenance of heating systems
• Failed to address known ventilation or exhaust problems

Property management companies

If a management company oversees the building’s maintenance, they can share liability for failing to repair or replace hazardous equipment. That could also be liable for failing to ensure compliance with safety regulations. 

Maintenance contractors

Heating, ventilation, and appliance repair contractors can be held responsible if their negligent work caused or failed to prevent harm. 

Appliance manufacturers or installers

If defective fuel-burning appliances caused the carbon monoxide leak, the manufacturer or installer may be liable under product liability laws. 

Utility companies

In rare cases, a utility provider could be responsible if the CO exposure was linked to improper installation, service, or inspection of gas lines or appliances. 

Evidence That Strengthens Your Carbon Monoxide Poisoning Case

Strong evidence can mean the difference between a dismissed claim and a successful carbon monoxide poisoning lawsuit. 

Important evidence may include:

• Medical records showing carbon monoxide levels in your body (measured by carboxyhemoglobin tests)
• Incident reports from emergency responders
• Photos or documentation of faulty appliances or blocked vents
• Witness statements from other tenants 

The sooner this evidence is collected, the better it is for your case. Carbon monoxide dissipates quickly, and physical proof can vanish fast.

How a Personal Injury Lawyer Can Help

Carbon monoxide poisoning cases can be complex. They often involve technical building code issues and require medical evidence and expert testimony. 

When you have an experienced carbon monoxide attorney handling your case, he or she will:

• Investigate the source and cause of the carbon monoxide leak
• Gather expert evidence to prove landlord negligence
• Identify all responsible parties, including third parties
• Negotiate with insurance companies for a fair settlement
• Represent you in court if the case goes to trial

A lawyer can help ensure the landlord does not try to place any of the blame for the incident on you. Having a personal injury lawyer gives you peace of mind so that you can focus on your recovery while your lawyer handles the legal process. 

Compensation for Carbon Monoxide Poisoning

Victims of carbon monoxide exposure may be entitled to damages for their injuries. A carbon monoxide lawyer can help you pursue fair compensation. 

Common types of available compensation include:

• Medical expenses: Emergency room visits, follow-up care, long-term therapy, and rehabilitation

• Lost wages: Income missed during recovery and diminished earning potential if long-term symptoms keep you from returning to your job

• Pain and suffering: Compensation for physical pain, reduced quality of life, and emotional trauma

• Punitive damages: In cases of extreme negligence or reckless disregard for tenant safety, courts may award punitive damages to punish the wrongdoer and deter future misconduct

Hill & Moin LLP would be happy to discuss with you how your compensation can be maximized. Contact us online or by phone anytime, 24/7.

Carbon Monoxide Poisoning and Wrongful Death Claims

Tragically, prolonged or severe carbon monoxide exposure can be fatal. Surviving family members might be able to pursue a wrongful death lawsuit if negligence contributed to their loved one’s death. 

Compensation in a wrongful death claim may include:

• Funeral and burial expenses
• Loss of financial support and benefits
• Loss of companionship
• Emotional distress

Holding negligent landlords, property owners, and other responsible parties accountable hopefully provides your family with a sense of justice and prevents future tragedies. 

Contact a Carbon Monoxide Poisoning Lawyer Today

Property owners are legally obligated to provide safe living conditions. A landlord’s failure to prevent or address CO hazards can be strong grounds for a carbon monoxide poisoning claim. 

If you or a loved one has been harmed by carbon monoxide poisoning, you should pursue legal action immediately. Our attorneys can help identify all responsible parties, collect essential evidence, and pursue maximum compensation for your injuries.

The legal team at Hill & Moin LLP truly cares about our clients. We have successfully helped many victims of carbon monoxide poisoning pursue justice. Contact us today for a free consultation to discuss your case and learn about your legal options.

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JM was on the job as a laborer at an apartment building construction site when his life changed in an instant—he fell through an unmarked hole, suffering serious injuries. An ambulance rushed him to the hospital, where doctors began assessing the damage. As he began the difficult road to recovery, JM knew he needed legal help to understand his rights and hold the responsible parties accountable. That’s when he contacted Hill & Moin, LLP.

From the first meeting, JM felt supported. The attorneys walked him through the legal process step by step, laying out a clear path toward justice. With their guidance and relentless advocacy, JM’s case moved forward—and ultimately ended in a $1.9 million settlement.

“They are great fighters to have in your corner,” JM said after receiving his settlement check. Grateful for the care and attention he received from both the attorneys and staff, JM gave Hill & Moin a glowing 5-star review on Google. Now, with the case behind him, he’s focused on making music, spending more time with his kids, and buying a new home.

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In the State of New York, there are more than 11 million registered vehicles. On any given day, you may notice thousands of cars passing the roads where you walk. A sidewalk should provide a safe place for pedestrians to stay out of traffic.

Unfortunately, sidewalks are the scene of many accidents in New York City. People with serious injuries are rushed to emergency rooms, sometimes resulting in thousands of dollars in medical bills. In some sad cases, sidewalk accident victims lose their lives.

At Hill & Moin, we understand the financial devastation that accompanies many accidents. Our attorneys can determine who has the legal responsibility for sidewalk defects. Our diligent pursuit of personal injury compensation makes many clients feel like they have a lawyer in the family.

Schedule your free consultation with our compassionate personal injury team today. You can reach a NYC representative 24 hours, 7 days a week, so call us now.

How to Interpret the NYC Administrative Code

An administrative code is a collection of city laws that describe the responsibilities of property owners. The code sets regulations for New York sidewalks to ensure they are safe for walking, using wheelchairs, and pushing strollers.

Rules for commercial property and buildings used for residential purposes

Residential and commercial property owners are responsible for installing and maintaining sidewalks adjacent to their properties. The sidewalks must be kept in a safe condition.

What might sidewalk maintenance responsibilities include? Suppose the sidewalks around their New York City business are broken or raised. The abutting property owners should promptly repair or replace the defective sidewalk flags.

Regulations that apply to city-owned property

New York City owns some sidewalks. It is responsible for maintaining public sidewalks adjacent to:

• Certain residential properties, like public housing projects and shelters
• Public hospitals and schools
• The perimeters of pavement around public parks
• Libraries
• NYC Agency office buildings
• Overpasses, bridges, and traffic medians

The City of New York also replaces millions of square feet of sidewalks in neighborhoods composed mostly of one-, two-, or three-family residential properties.

The City of New York’s Trees & Sidewalks Repair Program can help repair severe issues caused by trees. You can report broken, collapsed, or otherwise damaged sidewalks and defective curbs via NYC311.

When Property Owners Are Held Liable

Sidewalks must be installed according to city specifications. Deviations, like using nonstandard materials, can result in penalties. City officials and the Department of Transportation may also issue citations for sidewalk defects.

Violations include, but are not limited to, hazardous conditions such as:

• Potholes or collapsed sections
• Missing, loose, or unstable sections
• Empty spaces (e.g., gaps, voids) below sidewalk flags
• Uneven surfaces caused by tree roots
• Jutting patchwork or hardware
• Tripping hazards like trash or other debris
• Improper drainage, often due to improper slope
• Unlicensed sidewalk cafes

Property owners must remove snow, ice, and dirt from the sidewalk when necessary. If another party causes damage, the property owner is still responsible for fixing it and paying any related fines.

If you face this issue, follow these steps:

• Document the damage and its source
• Contact the borough’s permit office to search for construction permits issued on the property if you do not know the source of the damage
• Repair and restore the damaged area
• Keep your receipts for the repair costs

Once you know who caused the dangerous condition, you can seek repayment. If a city worker or contractor caused the damage, you can file a claim against the City of New York – but you have limited time to do so.

Private contractors or utility workers sometimes damage sidewalks, creating pedestrian trip and fall hazards. You will have to pursue reimbursement from them directly. Yet, filing a claim does not guarantee a settlement.

Besides fines, ignoring unsafe or broken sidewalk flags may lead to problems. Seemingly minor issues can cause major trip-and-fall accidents. According to the City of New York, “holes as small as 1 inch in diameter or sidewalk squares or flags raised as little as ½ inch can cause injuries.”

Property owners may be liable if a sidewalk accident occurs when they did not address sidewalk defects abutting their property. The property owner’s personal injury and property damage insurance may cover the damages. The NYC administrative code states that the city is not liable for injuries caused by “the failure of an owner to comply” with these rules.

When the City Can Be Held Liable

Suppose that New York City was responsible for a specific stretch of sidewalk. You suffered an accident because the city failed to remove hazards in a timely manner. You could receive compensation, but you must prove the city to be at fault.

Constructive notice is a legal principle that could help prove liability. It means the responsible party knew or should have known of a dangerous condition but failed to take reasonable steps to correct it. In our example, your lawyer might consider the following questions to ensure the right party is held liable:

• Was it a public sidewalk?
• Did someone give the city prior written notice of the problem?
• Should the issue have been discovered during routine city inspections?
• Did the city give prior notice that the issue would be fixed but miss the deadline?
• Was the repair work improperly done?
• Was the issue described in public reports?
• Are there witnesses who can describe the long-term hazardous condition of the sidewalks?

If you can demonstrate that the government failed to take the proper steps to fix a known problem, it can strengthen your case for compensation.

Why You Should Hire a New York City Personal Injury Attorney

If you are recovering from a sidewalk accident, you may feel overwhelmed by medical bills, lost income, and legal questions. An experienced personal injury attorney can help you make sense of your options. You deserve to know your rights and have someone who understands the law and cares about your future by your side.

Knowledge and resources

Does it seem impossible to determine the liable party under the NYC administrative code? An experienced New York personal injury lawyer can demystify the complex rules of sidewalk maintenance, providing you with peace of mind. An attorney who understands city regulations can handle complicated issues, like exceptions for owner-occupied one- to three-family residential properties.

A New York legal team can investigate the sidewalk accident scene and collect compelling evidence that may seem out of your reach, including:

• Photos and videos
• Witness statements
• City repair records
• Proof of any prior complaints or notices of sidewalk defects

With this evidence, your lawyer can help show that a property owner or other responsible party should be held liable for the injuries you suffered.

Easier recovery

Legal cases in NYC take time and energy. Serious injuries like broken bones or other harm from a trip-and-fall can make even simple tasks more difficult.

Having a personal injury lawyer means you do not have to carry the burden alone. Your attorney can handle the legal system while you can focus on rest, treatment, and getting back to your life.

No upfront payments

Contingency fees remove the financial barriers of hiring a lawyer. For you, that means you can start your case immediately without any out-of-pocket costs. You pay only if your lawyer wins or settles.

Discover Your Rights During Your Free Consultation

In New York, keeping sidewalks safe should be everyone’s priority. In certain circumstances, the law places responsibility on a property owner, the city, or another party responsible for maintaining the area. If you were hurt because of sidewalk defects, filing a claim against the liable party can relieve your financial losses.

At Hill & Moin, we know that every case is different. Our Personal Injury Recovery SolutionsⓇ take your needs into consideration when preparing your case. Would you like to learn more?

Take the first step toward justice and schedule a free case review today. New York City laws and deadlines limit the time to take legal action for injuries caused by sidewalk defects.

Don’t wonder about your rights!

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Long Island resident NR enjoys life’s everyday pleasures—going for walks, watching movies, and, most of all, spending quality time with her grandchildren. But one morning, on her way to work, an unexpected and painful accident turned her world upside down. A parking garage gate came down suddenly, striking her over the head and leaving her seriously injured.

NR was soon referred to Hill & Moin, LLP, where the legal team promptly began working on her case. As she focused on her recovery and underwent medical treatment, NR met regularly with the firm’s attorneys, who kept her informed and reassured every step of the way. “They always provided a lot of clarity,” she recalled, grateful for the consistent communication and support during a challenging time.

Thanks to the diligent work of her legal team—including attorney Eric Wittels, Esq.—NR’s case settled for $650,000. She expressed deep appreciation for everyone involved, saying she never had to worry and that the entire staff was “the best.” Their dedication, compassion, and professionalism left a lasting impression, earning Hill & Moin, LLP a glowing 5 out of 5 star review from NR.

Now, with her case behind her and a sense of peace restored, NR is looking ahead with hope and excitement. She dreams of buying a home and starting a brand-new chapter in her life—one filled with comfort, stability, and more time with the people she loves most.

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New York property owners and businesses must take reasonable steps to prevent accidents and crimes from happening on their premises. When property owners fail to implement adequate security measures, customers and visitors may fall victim to violent crime or other harm.

If you or a loved one has been hurt on someone else’s property as a result of inadequate security, you may be able to hold the business or property owner liable for what you have suffered. However, proving negligent security after an incident is not always a straightforward process.

In this article, we will consider various examples of inadequate security in New York premises liability cases. We will then discuss what is needed to prove negligent security and pursue a valid claim.

What Is Involved in Adequate Security in New York?

Under premises liability law, businesses and property owners in New York must take reasonable measures to ensure the safety of visitors and customers. It is the property owner’s duty to assess the potential for criminal activity on his or her premises and then take adequate steps to prevent it.

The extent of reasonable security measures needed depends much on the type of property and where it is located. Anti-crime measures that might be adequate for one location may not be enough for an area with a higher risk or history of violent crime injuries.

Vigilant property owners can provide adequate security in a number of ways:

• Exterior security: Property owners should have effective security measures and policies in place outside the premises.

• Interior security: Property owners also need to enact reasonable security measures and procedures inside the building.

• Employee security: Employers and business owners should conduct reasonable background checks on prospective employees. Additionally, employees should be adequately trained to recognize and address security issues.

• Administrative obligation: Property and business owners should implement a system for collecting and reporting any criminal activity on or near the premises.

A property owner has a legal obligation to exercise reasonable care in protecting guests, customers, and employees from foreseeable harm. If he or she fails to take sufficient security measures, a negligent security claim may help you get the restitution you deserve after an injury.

Examples of Negligent Security in New York

Statistics show that New York City saw approximately 80 felony assaults each day in 2024. Sadly, a number of these and other crimes could have been avoided had adequate security measures been implemented.

Examples of insufficient or negligent security include:

• Inadequate lighting
• No alarms
• Faulty gates and broken locks
• Broken or defective security cameras
• Lack of camera surveillance
• Improperly secured entrances and exits
• Failure to monitor security and surveillance systems
• Failure to warn about known hazards
• Inadequate resources for crowd control
• Blocked emergency exits
• Lack of security guards or insufficient training for security personnel
• Failure to properly screen visitors or employees

Security breaches in public places are a serious matter. Negligent security cases bring awareness to the property owner or manager’s responsibility to maintain the property and keep it safe for visitors. When such cases are brought forward, this can cause more property owners to take the necessary steps to ensure that their property is safe.

Common Locations Where Inadequate Security Is a Concern

In reality, a crime resulting from inadequate security measures can happen almost anywhere. That said, high-traffic areas and places where crowds gather typically require more extensive security. At the same time, the lack of security measures is a concern in places where potential victims may be found alone.

Locations in which negligent security liability more frequently arises include:

• Parking garages and parking lots
• Stores and shopping malls
• Office buildings
• Apartment complex
• Theaters, arenas, and sports stadiums
• Schools, universities, and daycare facilities
• Bars, clubs, and restaurants
• Hospitals and nursing homes
• Parks and amusement parks
• Airports, train stations, and bus stations
• ATM kiosks

In instances in which inadequate security measures led to a personal injury, you may have a premises liability case against the negligent property owner. You may be able to pursue compensation for medical expenses, lost wages, psychological distress, and other harms resulting from the incident.

An experienced premises liability lawyer will work to gather evidence and establish the facts of your case to hold all responsible parties accountable for your losses.

Proving Liability in a New York Negligent Security Claim

To successfully resolve a New York negligent security claim, the victim must prove that the property owner, business owner, or another potentially liable party failed to provide adequate security. You will need to show that the injury could have been prevented had reasonable security measures been in place.

A successful negligent security claim based on New York laws will establish foreseeability. In other words, the party with the legal duty to provide adequate security on the premises either caused the hazard or knew to expect it yet failed to address the situation, resulting in your injury.

As previously stated, property owners have a legal obligation to take reasonable precautions to protect visitors from unsafe conditions and foreseeable crimes. When they fail to do so, a well-practiced premises liability attorney can go to bat for you. A good lawyer can put New York’s premises liability laws to work on your behalf – helping you prove negligence and get the restitution you deserve.

Contact New York Premises Liability Attorneys for the Help You Need

After suffering a violent crime or other harm in New York City, you are likely reeling physically, emotionally, and financially. Realizing that negligent security led to the incident can be all the more devastating. This is no time to work alone.

The professional and compassionate personal injury lawyers at Hill & Moin LLP are the advocates you need after suffering the trauma of a negligent security accident. With more than 60 years of combined experience, our legal team is well-versed in all matters of New York premises liability cases – including those involving inadequate or negligent security.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Our dedicated and results-oriented lawyers can give you the confidence needed to pursue your legal remedies for fair compensation after an injury. Call us today at (212) 668-6000 or fill out our online contact form to schedule a free consultation. 

Don’t wonder about your rights!

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Slip-and-fall accidents happen in a moment, but their physical, financial, and emotional impact can last a lifetime. Cities and states have building codes to minimize the risk of slip-and-fall accidents, but these are only effective when followed to the letter. If a building code violation at someone else’s property contributed to your injury, you may have grounds for a premises liability claim.

Premises liability is a property owner or occupier’s legal responsibility to ensure the premises are safe for visitors. Successful premises liability cases hinge on establishing liability. If your personal injury lawyer finds evidence of a building code violation, it could strengthen your case for compensation. This post will explain how to build a strong case for negligence in a slip and fall claim.

Building Code Violations That Impact Slip and Fall Cases

In New York City, there are many building codes and local laws that property owners must comply with. These include the 2022 Construction Codes, the Energy Conservation Code, and local laws that are updated each year. For example, Local Law 79 of 2024 requires a proactive inspection program for buildings.

These codes and laws are designed to protect visitors to businesses and homes. Sadly, when owners and occupiers neglect these regulations, accidents can happen.

The following are common building code violations that can contribute to a slip-and-fall accident:

• Insufficient lighting, especially around curbs and stairs

• Damaged or missing handrails

• Lack of non-slip mats on slippery floors

• Defective disabled access

• Broken or uneven steps

• Defective pipework/gutters, causing wet floors

• Leaks in ceilings

Building codes serve as a benchmark for the standards property owners and occupiers should meet and maintain. While remedial work is in progress, a property owner must warn visitors a hazard exists and take steps to keep them safe.

Where does premises liability apply?

Premises liability applies when you are injured while lawfully on someone else’s property. Examples include visiting your neighbor’s house as an invited guest, shopping at retail stores, or when working at someone else’s property. A personal injury lawyer can explain your legal rights in your situation.

How code violations could strengthen your case

A personal injury lawyer can investigate whether potential code violations contributed to your accident. If he or she finds that a violation took place, this could strengthen your case and may increase your chances of a successful outcome.

Even if your accident was not directly caused by a building code violation, previous citations may help prove the poor standard of maintenance in the building, bolstering your case for compensation.

Establishing Liability in a Slip and Fall Case

As part of the legal process for premises liability cases, attorneys must prove the following points:

• Duty of care: The property owner had a legal duty to ensure that the building met minimum standards for visitor safety

• Breach of duty: The property owner’s failure to follow safety regulations (which may include building codes) resulted in your fall accident

• Causation: The slip-and-fall accident directly resulted from the property owner’s negligence

• Damages: As the injured party, you are entitled to damages for the physical harm and/or financial losses you have suffered

Depending on the specific circumstances of your accident, a personal injury lawyer may choose to work with a building code expert to strengthen your case.

The role of building code experts

Building code violations are not always obvious. That is one reason why lawyers sometimes work with building code experts. These expert witnesses have specialized knowledge of building codes, local laws, and federal regulations relating to commercial properties.

Just a few examples of how building code experts can help include:

• Analyzing code compliance: Perform an in-depth analysis of construction practices, maintenance records, and work undertaken to comply with relevant building codes

• Expert report: Prepare a detailed report noting building code violations and their potential impact on visitor safety

• Expert testimony: Testify in court, explaining the details of building code violations to the judge and jury

• Guidance for legal teams: Personal injury lawyers are not building code specialists, so building code experts can guide them through relevant laws and show how these apply to your slip-and-fall claim

Creating a link between code violations and your accident

A personal injury lawyer must demonstrate a clear link between the code violation and your accident or show the property owner takes a lax approach to maintenance.

For example, poor lighting may have contributed to your accident by making it difficult to see an obstacle in your way. Your lawyer will investigate the lighting at the property to ensure it meets local and national standards. If it does not, this could strengthen your case.

On the other hand, if you trip and fall on a broken tile, it may be challenging to link this to a specific code violation. However, while investigating your case, your personal injury lawyer may discover a history of code violations and inadequate safety measures at the property. This could support your case that the property owner did not take his or her legal duty to follow safety regulations seriously.

Challenges in slip and fall cases

Proving liability in a New York slip and fall case can be challenging, even if you find evidence of code violations at the property.

You need an experienced personal injury lawyer to help you navigate challenges such as:

• Comparative negligence: The defendant may argue your negligence, such as ignoring a warning sign, was the cause of the accident and not the code violation. Under state law, this would not stop you from pursuing damages but could reduce the amount of compensation you receive in a New York slip and fall case.

• Notice requirements: In New York, the property owner must have had notice that the hazard existed. The notice can be actual or constructive, meaning that the problem had gone on long enough that the owner should have known about it.

• Lack of evidence: If there are no photographs, reports, or witness statements, it may be difficult to prove the property owner was negligent.

To give yourself the best chance of building a strong case for compensation, gather as much evidence at the scene as possible. Take multiple photographs and videos. Also, seek immediate medical attention and pursue follow-up treatment to make as full a recovery as possible.

If you suffer a serious injury, it may be impossible to gather evidence at the scene of the incident yourself. Whatever the specific circumstances of your case, call a New York slip and fall lawyer as soon as possible to discuss your legal rights and gather evidence before it disappears.

Let Hill & Moin Fight for Justice for Your Slip and Fall Injuries

After a New York slip-and-fall accident, you need a results-oriented lawyer on your side. One who will leave no stone unturned as he or she determines liability and pursues the compensation you deserve. You need the experience, compassion, and tenacity of Hill & Moin, LLP.

We have secured outstanding settlements in slip-and-fall cases. In one case, we secured a $10 million settlement after our client fell on defective steps. For another client, we secured a $3.5 million settlement for injuries caused by a defective sidewalk. When you hire us, we will bring the same level of intensity to your case as we pursue the best result on your behalf.

Do not delay in seeking justice, learning your Personal Injury Recovery SolutionsⓇ, and securing your future. Call (212) 668-6000 today for a free case evaluation, or contact us online, and we will call you back soon.

Don’t wonder about your rights!

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After enjoying an afternoon out shopping with a friend, L.H. was tired and expected some relaxation after her fun-filled day. What she could have never expected, however, was to be the victim of a ceiling collapse accident.

Returning to the apartment building of a friend, L.H. entered the front door into a hallway leading to the building’s staircase. Before L.H. or her companion were able to even turn on a light, they were both hit with something solid and heavy. Frightened and frantic, they did not realize they had been struck by falling pieces of a neglected ceiling that had rotted from water damage and collapsed onto them.

They were quickly transported to the hospital, and it was discovered that L.H. had suffered injuries to her neck and shoulders, causing radiating pain throughout her entire body. Frustrated and looking for accountability, L.H. sought legal support. By connecting with Hill & Moin, she found what she was looking for.

Describing Attorney David Zwerin as “great and knowledgeable,” she appreciated that he took the time to explain every step of her case until he was certain she understood, despite that she is a predominantly Russian speaker. At the conclusion of her case, Hill & Moin’s fight to achieve a settlement for their soft tissue injuries paid off, resulting in a six-figure award for L.H. and her friend.

Moving forward, L.H. doesn’t have any plans yet, but she does have ideas for a vacation!

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