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After a slip-and-fall, you might start taking steps to seek damages and feel confident in achieving legal reparation. However, be aware that slip-and-fall accident cases in New York depend on foreseeability. What’s more, the liable party in yours may turn out to be a different entity than you might expect.

This matters because your time is limited. When your slip and fall case is against the owner of a private property, you may have more time to start legal action against the liable party than you would against the Metropolitan Transportation Authority (MTA). When your legal action is against the MTA or a government entity such as the New York City Department of Transportation (NYC DOT), there are very strict laws limiting your right to file a claim.

If you have slipped, tripped, or otherwise fallen on someone else’s property, you cannot afford to waste your precious hours trying to identify the responsible party on your own. Rather, you need slip-and-fall lawyers with the jurisdiction and experience to look into your New York fall accident, determine who is liable for what happened, and file the necessary paperwork – all before your time runs out.

Common Slip-and-Fall Hazards in Most Places

Even if you believe your slip-and-fall mishap resulted in only minor injuries, we urge you to speak to a fall lawyer who can tell you whether or not you have a case. Even if how the accident happened seems like an everyday, unavoidable occurrence, it could be that you are facing both serious injuries and a potentially life-changing legal case.

The New York City slip and fall, lawyers of Hill & Moin LLP, want you to know that even some of the biggest fall accident cases arise from the most common of hazards.

Consider the following dangers that could arise in most environments:

• Loose mats and rugs
• Obstructions in walkways or stairways
• Poor lighting
• Poor maintenance
• Ramps
• Stairs
• Uneven or slippery surfaces
• Weather conditions such as rain, wet leaves, snow, and ice

How a Personal Injury Lawyer Can Help You With Any Slip-and-Fall Accident

When you don’t know where to turn, you need an empathetic attorney with whom you feel comfortable relating your experience and concerns.

Slip and fall attorneys can, at the very least, give you reliable advice and solid options. Generally, personal injury law firms offer a free consultation to any prospective client and may refer your case to a more suitable law firm when appropriate.

When the personal injury attorneys of Hill & Moin LLP take on your case, you can be sure that we feel confident in attaining a settlement or court victory for you. Why?

Because we want any and all clients to be able to afford the legal services they need – that is everyone’s right. Thus, we not only offer you a free consultation but also to handle your case on contingency. This means that we go unpaid if we lose your case.

Our goal for you is to attain maximum financial compensation. From there, we only take a percentage out of your settlement or court award so that both sides are satisfied – we are paid for a job well done, while you never had to pay us out of your own pocket.

Depending on whether your slip-and-fall accident occurred at work, on private property, on public transit, or in an area under government control, your legal claim might be more complicated compared to other fall accident cases.

Now, let’s break down the differences between these premises regarding New York personal injury claims.

At work or on a construction site

Did you fall at work? Depending on the specific factors of your case, you may have to file a workers’ compensation claim or a premises liability claim.

It’s better to call us than to suffer in silence. Don’t worry – regardless of your immigration status, you have rights under workers’ comp law to receive fair compensation for your injuries. 

In many secular settings, elevators, ramps, and cluttered work areas might cause you to trip. Tools or other equipment strewn about can increase the risk.

Whether you fall on a construction site or inside an office building being remodeled, there are sure to be compounded risks of slipping and falling in such an environment. These include:

• Debris in walkways
• Improperly placed cones and barriers
• Inadequate fall protection
• Insufficient warning signs
• Lack of training
• Liquid spills
• Scaffolding problems
• Uneven pavement

If you fell on a construction site as a worker or visitor, come talk to the New York City slip and fall attorneys of Hill & Moin LLP. Our attorneys are experienced in handling a wide range of construction site slip-and-fall accidents. Rest assured, our attorneys will know how to approach your unique case.

On private property

Since slip and fall personal injury cases come under an area of law called premises liability, private property cases across New York come down to one question: Could the property owner have foreseen the serious injury occurring?

This rule of New York’s differs the state from others because liability here depends on a single standard of care. Even if the injured party was not supposed to be there (such as a robber or trespasser) – the property owner can only be held liable for serious injury if he or she could have foreseen the risk and yet failed to fix the problem within a reasonable period of time.

When such circumstances lead to harm, you will typically have up to only a few years to file your personal injury claim and recover compensation. To find out how much time you have left, consult a personal injury lawyer familiar with the current laws applicable to your case.

On business property and most sidewalks

The same rule of foreseeability applies to all local premises liability cases – even when you fell on property maintained by a company – or even on a sidewalk. In the New York City Administrative Code, you will find the unique sidewalk law dictating that the owner of the property “abutting” (being adjacent or connected to) the sidewalk is responsible for keeping that part of the sidewalk safe for passersby or property visitors.

Similar to other private property cases, you may have a few years to file unless your case is an exception to the rule. It’s possible that the sidewalk is considered to be government property or that another factor further limits the time allowed.

On public property maintained by the government 

Did you trip on a public sidewalk? Did you slip when boarding, traveling on, or getting off the Staten Island Ferry? Since the NYC DOT operates that line, you may have a slip-and-fall accident against a government entity in either case.

Or do you? Regarding the foreseeability of injury, our state law is very clear on the matter. A governmental agency must have received written notice of the dangerous condition that caused your fall within a specified number of days before the incident. Otherwise, you will not be able to file against that party.

Further, when the municipality or another government entity is liable, you may have a surprisingly short time on your hands to get your legal case rolling.

Strict deadlines will apply to the following meticulous steps, according to the Comptroller’s Office:

1. Filing a notice of claim with the Comptroller’s Office
2. Settling the claim within the time allowed
3. Waiting a specified number of days after filing a notice of claim to file a lawsuit
4. Filing the lawsuit within the time allowed

Clearly, when you have been hurt in a public area, such as a park, library, playground, or road, there is little time to waste. You may have only days left to file your notice of claim, but a lawyer can make the process easier for you.

On or involving public transit

Not all public transport liability claims will arise against the government. Did you know that the MTA, operating the subway and bus system in NYC and certain rail lines beyond, is a corporate entity?

It has been reported that 15 percent of known subway-track incidents in 2022 were either slip-and-falls or medical emergencies. Even if there were extenuating circumstances leading to your fall, such as a medical condition or your own negligence, you may still have a case against the New York City transit authority responsible for maintaining the property where you fell.

For instance, were you wearing inappropriate footwear at the time you fell? This may be a factor, but under New York’s comparative fault laws, liability can be shared without entirely barring you from recovery. This means that even slip-and-fall accident victims who share 1 percent of the blame may still be able to receive 1 percent of the damages they suffered.

Suppose, for instance, that any of the following was a contributing factor to your accident. If so, your fall attorney can clarify whether the MTA or another entity may be liable:

• Defective access panels
• Improper snow and ice removal
• Inadequate lighting in subway tunnels
• Malfunctioning escalators or elevators
• Malfunctioning train or bus doors
• Poorly maintained pipes and fixtures that leak slippery liquids
• Poorly maintained platform surfaces
• Poor signage around train platforms
• Raised sidewalk gratings
• Sidewalk vaults
• Train derailments or sudden starts or stops
• Turning at excessive speeds

Remember, it matters who operates the entity in charge of the premises where you slipped and fell. The MTA may be separate from the city and state, but you still have to file a notice of claim in advance of taking legal action against them – similar to government liability claims.

So when you don’t know who is liable for your damages, how to file a personal injury claim, what deadlines and paperwork may be involved, or where to turn, call Hill & Moin LLP.

Not only does our law firm serve all of New York State, but we also have a wide-reaching network of lawyers who we trust. Thus, even when we are not suited to handle your case, we can refer you to the right fall attorneys for you.

How New York Slip and Fall Lawyers Can Maximize Your Settlement

Don’t let the hidden costs of slip-and-fall injuries upend your life. It pays to think about what you need – even long term – by taking the following steps:

1. Seeking medical attention: Rather than letting disguised injuries catch you off guard, make sure to see a doctor as soon as possible after your fall. Doing so (1) helps link your physical condition to the event in case of filing a legal claim, (2) ensures serious injuries are discovered before it’s too late, and (3) brings you peace of mind. Your slip and fall lawyer can even direct you to doctors who can give you the treatment or evaluation you need.
2. Calculating the full financial impact: A slip and fall lawyer will be able to calculate the life-long cost of the accident that caused your injuries. He or she will leave no stone unturned in totaling up fair compensation on your behalf. You may be able to pursue damages you didn’t think of, such as the costs of getting to your physical therapy appointments and other medical expenses, long-term prescription medications, or unavoidable job changes and lost wages.
3. Considering emotional damages: Adding up the medical bills, lost wages, and other financial repercussions of your fall may not be enough to ensure you are compensated fairly. An experienced slip and fall lawyer knows this and will not overlook the emotional and psychological impact of a serious injury.

Whether the fall accident took place on public or private property, your case will fare better when you work with experienced personal injury attorneys.

Get Affordable Assistance With Any Slip-and-Fall Accident Case

Even if you are unsure whether or not you want to file a legal claim regarding your slip-and-fall, we recommend that you at least speak with a slip-and-fall claims attorney before deciding not to proceed, speaking to an insurance adjuster, or taking any other steps forward.

This decision could be life-altering for both you and your family. That’s why we at Hill & Moin LLP aim to give anyone and everyone hope for the hardships they are experiencing. Come talk to us during a free consultation where we can assess your case and answer your questions.

At our personal injury law firm based in New York City, we aim to give fall victims an experience that makes them come away saying that working with us feels like having “lawyers in the family.” Some of our clients over the years have said that because we show each and every one that we care about them, their well-being, and their financial recovery.

So don’t be shy – schedule an appointment with our New York City slip and fall attorneys to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 today.

Don’t wonder about your rights!

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As you begin your workday and think about all that may lie ahead, you would likely not imagine the kind of day O.P. found himself living out one fateful shift as a plumber’s assistant. Things were business as usual on the job until O.P. was assigned to work on pipes in the ceiling of the worksite. He began climbing up the ladder, which had been dangerously positioned atop unsecured planks of plywood. Abruptly and unexpectedly, the ladder wobbled and sent O.P. tumbling to the floor, slicing his hand on a wayward piece of metal on the way down. In and out of consciousness, O.P. immediately felt the pain all over his body. He was raced to the closest emergency treatment provider where it was confirmed that he had sustained damages including fractures, deep lacerations, and soft tissue injuries combined.

Frustrated and seeking atonement for his injuries, O.P. sought out the aid of the skillful and savvy attorneys at Hill & Moin. Looking back, O.P. is grateful for the inclusive energy from Attorney David Zwerin that really made him feel like a part of the team from start to finish. He pointed out that the staff were always helpful, especially when it came to providing case updates and staying in touch.

Hill & Moin’s persistence and expertise paid off for O.P. when the Court granted the injured plaintiff summary judgment on liability. Thereafter, he was delivered the earth-shattering news that his case had settled for $3.5 million, an amount he could not have imagined in his wildest dreams. Moving on with a fresh start, O.P. is eager to start a savings fund to prepare for whatever the future may bring and to take life one step at a time.

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One can never be too unassuming in life, even while performing routine and seemingly mundane tasks. Y.D. now knows this all too well. Walking down the stairs in her apartment building to bring her laundry to the washing machine, Y.D. was carrying her clothing when suddenly her foot slipped out from under her on an unmaintained step which was greasy and broken. In a split second, she had fallen back against the stairs hitting her head and injuring her arm. She was transported to the hospital where a fracture to her elbow was confirmed along with a concussion.

Not sure what she should do, a trusted friend suggested that she reach out to the attorneys at Hill & Moin. It was a call she didn’t hesitate to make and was glad she did. Wasting no time, the attorneys at Hill & Moin got right to work for her. Describing Attorney Eric Wittels as “101 out 100,” she noted that his patience and detailed explanations every step of the way from start to finish were reassuring and greatly appreciated.

When all was said and done, Hill & Moin changed her life by delivering a momentous $300,000 settlement. Ready to put her ordeal in the past, Y.D. is giving up the tenant life and pouring her newly gained settlement funds into owning a home of her very own.

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Often, when people think of a slip-and-fall accident, they picture a brief moment of embarrassment or a minor bruise. However, if you have been involved in a bad slip-and-fall, you know the reality can be far more severe. Slip-and-fall accidents can leave victims coping with serious physical and emotional injuries.

While many people focus on the immediate pain and medical bills associated with the injury, the hidden costs can be just as significant. As personal injury lawyers, we have seen firsthand how much slip-and-fall accidents can disrupt individuals’ lives.

Understanding the hidden costs of slip-and-fall accidents can help victims and their families feel prepared in seeking compensation.

A Slip-and-Fall Accident Can Result in Severe Injuries

Slip-and-fall accidents are often dismissed as minor incidents. However, for some victims, a slip-and-fall can lead to severe injuries that alter the course of their lives.

Let’s discuss a few slip-and-fall injuries and the impact these injuries can have on a person’s life.

Broken bones

When a person falls suddenly, the force of the impact can cause broken bones. These fractures can vary in severity from simple cracks to complex breaks requiring surgery.

The following are some common types of broken bones resulting from slip-and-fall accidents:

• Wrist fractures: Often, people instinctively reach out their hands to break a fall. This can lead to wrist fractures
• Shoulder and arm fractures: Impact from a fall can result in broken bones in the shoulder or upper arm, limiting arm mobility
• Ankle breaks: Slippery surfaces, such as recently mopped floors, can cause your feet to twist, leading to a painful ankle fracture
• Hip fractures: Statistics show that a fall is the most common cause of hip fractures among elderly adults

Spinal cord injuries

Spinal cord injuries are among the most devastating outcomes of a slip-and-fall accident. These types of injuries may occur due to landing forcefully on your back, twisting the spine in an unnatural manner, or falling from a significant height.

Depending on the location and severity of the injury, a spinal cord injury can lead to partial or complete paralysis.

Symptoms may include:

• Loss of sensation
• Reflexes or spasms
• Difficulty breathing
• Pain or intense stinging sensation
• Impaired bodily functions
• Loss of movement

Head injuries and traumatic brain injuries

A traumatic brain injury (TBI) occurs when the head experiences a violent blow or jolt, causing the brain to collide with the skull. With a slip-and-fall accident, a traumatic brain injury case results from striking your head on the ground or an object.

Types of head injuries sustained in a slip-and-fall accident may include:

• Concussions: A concussion is a mild form of traumatic brain injury that can cause symptoms such as headaches, dizziness, and confusion.
• Contusions: These are bruises on the brain tissue caused by a direct impact on the head. Contusions can lead to significant brain damage, affecting cognitive and motor functions.
• Skull fractures: A major slip-and-fall accident can lead to head trauma and fractures in the skull. This can cause bone fragments to press into the brain, leading to further medical complications such as infections or brain damage.
• Hematomas: A hematoma is a collection of blood outside of blood vessels and can occur in the brain after a slip-and-fall accident. Symptoms can include headaches, vomiting, and coma.

The Cost of Medical Care Beyond the Initial Treatment

The most obvious cost of a slip and fall injury is the cost of your immediate medical treatment. While your initial medical care was likely costly, your medical expenses may not end once you leave the emergency room.

Slip and fall injuries often result in ongoing medical needs such as:

• Consultations with specialists: Severe slip and fall injuries may require follow-up visits with specialists such as orthopedic surgeons, neurologists, or other medical professionals
• Surgical procedures: Your fall injuries may necessitate surgery, which involves not only the procedure but also costly pre-operative and post-operative care
• Physical therapy: Depending on the severity of your injury, you may require months of physical therapy and rehabilitation; treatment can be drawn-out and expensive, especially for severe head injuries or spinal cord damage
• Prescription medication: Pain management and other necessary prescription medications can become a recurring medical expense

If your slip and fall injury was a result of a property owner’s negligence, you should not have to pay these medical expenses out-of-pocket. A slip-and-fall accident lawyer can help you pursue compensation not only for current medical expenses but also for the cost of your ongoing healthcare needs.

Slip-and-Fall Accident Injuries and the Need for Home Modifications

If you have sustained a serious injury in a slip-and-fall accident, especially one that results in long-term disability or mobility issues, home modifications may be needed.

The following home modifications can ensure safety and independence:

• Accessibility improvements: Ramps, stairlifts, and wider doorways may be needed to accommodate wheelchairs and other mobility aids, allowing for smoother movement throughout the home

• Bathroom modifications: Grab bars, walk-in tubs, and non-slip flooring can provide support and stability, minimizing the risk of further falls

• Kitchen adjustments: Accessible appliances and lowered countertops and cabinets can help maintain independence and simplify daily tasks

After a slip-and-fall accident, occupational therapists may be able to assess your home and recommend changes tailored to your specific needs. Contractors experienced in accessibility modification can ensure that all installations are done correctly and safely.

If your slip-and-fall accident occurred due to someone else’s negligence and caused you life-changing health conditions, you might be entitled to compensation that can cover the cost of needed home modifications. A personal injury attorney can review your slip-and-fall case and explain your legal options.

The Financial Strain of Transportation Costs

Another cost that people do not always think about following a slip-and-fall accident is transportation fees. Recovery from a slip-and-fall may involve follow-up appointments, physical therapy, and visits to specialists. Each of these appointments requires traveling, which can be a challenge if your injuries prevent you from driving.

If you do not have access to personal transportation, the cost of taxis, public transportation, or ridesharing services can quickly add up. Additionally, the time spent going to and from appointments can result in lost wages, compounding the financial strain.

Be sure to keep detailed records of any travel expenses related to your injury for potential reimbursement. A slip-and-fall attorney can help you seek compensation for all injury-related expenses, including travel costs.

Emotional Distress and Psychological Trauma

The emotional and psychological impact of a serious slip-and-fall accident is often overlooked but can be just as debilitating as physical injuries.

Emotional injuries resulting from slip-and-fall accidents are serious and deserve attention and care. Recognizing these fall injuries and seeking appropriate treatment may be vital for a full recovery.

The following are some of the emotional and psychological repercussions individuals face following slip-and-fall accidents.

Anxiety and fear

After the initial shock of the slip-and-fall accident subsides, many individuals experience heightened anxiety and fear of falling again. Fear of falling can lead to avoidance behaviors such as being excessively cautious or avoiding places or activities where they feel the risk of falling is greater.

The feeling of anxiety can be crippling, impacting an individual’s daily routine and quality of life.

Depression

Chronic pain, medical treatments, the disruption of daily life, and the potential loss of mobility can lead to feelings of sadness and hopelessness. Social isolation, either due to physical injuries or emotional withdrawal, can intensify these feelings of emotional distress and depression.

Post-traumatic stress disorder (PTSD)

In more severe personal injury cases, a slip-and-fall accident can trigger post-traumatic stress disorder (PTSD).

Symptoms can include:

• Insomnia
• Nightmares
• Flashbacks to the incident
• Severe anxiety

These symptoms can be debilitating, making it challenging for the accident victim to move past the event and resume daily activities.

Slip-and-Fall Accidents and Loss of Income

Another potential hidden cost of slip-and-fall accidents is loss of income. Your fall injuries may prevent you from working for a period of time. Whether you work full-time, part-time, or are self-employed, being unable to return to work can lead to a substantial loss of income.

While lost wages are a direct hit to your financial stability, the impact can be even more severe if your slip and fall injury results in the inability or reduced ability to perform your job.

Factors affecting loss of earning capacity include:

• The severity of the injury: Permanent disabilities or chronic conditions can diminish one’s ability to return to his or her previous line of work.
• Nature of employment: The impact on earning capacity can vary depending on the type of work a person performs. For example, a back injury may prevent a construction worker from returning to his job, while a person who works in an office could still be able to perform his job.
• Age: Younger individuals who are in the early stages of their careers may experience a greater loss in earning capacity compared to someone closer to retirement. This is simply because they have more years of their life left to work and earn an income.
• Retraining: In some situations, injuries may be so severe that the individual is unable to return to his or her previous line of work. Further education or retraining may be required to pursue a new career path.

Why Contact a Slip-and-Fall Accident Lawyer

After being injured in a slip-and-fall accident, you deserve full compensation for all of your losses. Slip-and-fall accident lawyers can determine the true value of your personal injury claim, taking into consideration not just medical bills but also additional expenses that are often overlooked.

Proving a slip-and-fall case requires strong evidence. A slip-and-fall accident attorney can investigate your case thoroughly, gathering evidence such as eyewitness testimony, accident reports, surveillance footage, and maintenance records.

Insurance companies often aim to minimize payouts to protect their profits. They may offer quick, low settlements that barely cover immediate expenses, let alone long-term costs such as future medical bills. A personal injury attorney can negotiate with insurers on your behalf, pushing for a fair settlement that reflects the full extent of your damages and can take the case to trial if reaching a fair settlement out of court fails.

Coping with the aftermath of a slip-and-fall accident can be stressful. Hiring a personal injury lawyer allows you to focus on your recovery while your legal team handles the claims process.

Recover Full Compensation for All Slip and Fall Injury Damages

Slip-and-fall accidents can happen anywhere: in a grocery store, at the pool, or at a neighbor’s house. If your slip-and-fall accident and injury were the result of a negligent property owner, you deserve full compensation for your losses.

The hidden costs of a slip and fall injury can be extensive, impacting a victim’s financial stability and emotional well-being. A slip-and-fall accident lawyer can ensure you receive fair compensation for both obvious and hidden costs.

At Hill & Moin, we have over 50 years of combined experience in advocating for the legal rights of accident victims. We have helped our clients recover millions of dollars in damages. When you choose our law firm to represent your legal claim, you are not just another case to us. We care about our clients so much that you could say it’s like “having a lawyer in the family.”

Schedule your free case evaluation with us for affordable legal counsel today. Call us 24/7 at (212) 668-6000 or complete our contact form to learn your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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Navigating the bustling streets and subway stations of New York City can be exhilarating, but it is not without risk. You might find yourself boarding a messy subway platform or squeezing through a crush of people to find a seat on a swaying bus. The hazards of crowded platforms, wet floors, and uneven surfaces could lead to unexpected injuries.

Each year, subway and bus passengers slip and fall while using public transportation in New York. Severe injuries can significantly impact a victim’s health, finances, and psychological well-being. If you were injured amidst the chaos of your commute, you need to know your rights and who should be held liable.

Seeking legal guidance from a knowledgeable MTA accident lawyer can make a life-changing difference in your pursuit of justice and compensation. At Hill & Moin, our attorneys offer skilled representation and support as if our clients were our own family members.

Don’t delay – reach out to our trusted team of New York City lawyers today to discuss your case. Learn how to hold negligent parties accountable and secure the accident compensation you deserve during your free consultation. Call (212) 668-6000 to schedule your appointment at your earliest convenience. 

Understanding the Risks of Metropolitan Transportation Authority Rides

New York City’s Metropolitan Transportation Authority (MTA) is an efficient and accessible mode of transport for some 15.3 million people with a network spreading 5,000 square miles. Yet, riders must be aware of potential hazards.

The sheer volume of commuters and the fast-paced nature of urban transit contribute to an environment where MTA accidents could occur. The following section will discuss some factors that could lead to injury.

Sudden stops

The Metropolitan Transportation Authority (MTA) has traffic laws for its trains, which are established for safety reasons. Specific regulations vary depending on the type of track, the characteristics of the train model, and other factors like the surrounding environment.

Speed limits are typically enforced through signaling systems and other safety mechanisms to ensure that New York trains travel at a safe velocity and maintain sufficient braking distances.

Abrupt deceleration on commuter rail cars can make it difficult for passengers to maintain balance, especially during congested peak hours. If your injuries resulted from a preventable fall incident, you should consult an experienced personal injury attorney to learn how to recover damages from the responsible party.

Slippery surfaces

The MTA must be held responsible for taking proper precautions to reduce accident risk, such as by:

• Maintaining clean, orderly, and sanitary conditions
• Keeping floors dry as much as possible, aided by floor mats, drainage systems, and other preventative measures
• Warning others about potential slip hazards (e.g., Wet floor signs)
• Providing adequate training for each MTA employee and bus driver according to OSHA regulations
• Providing proper footwear with nonslip soles for employees if necessary
• Inspecting public transportation walkways and vehicles regularly
• Correcting potential slip hazards promptly
• Ensuring the supervisory or maintenance personnel are adequately qualified to perform their work duties

Slick train platforms, for example, could significantly increase the risk of slip-and-fall accidents. Leaks and spills could cause a passenger’s footing to become unstable, especially on crowded subway platforms where people are hurrying past each other. Inclement weather like rain, ice, snow, or even routine cleaning routines can also make the subway station floors slippery and dangerous.

If you were hurt by the MTA, an experienced legal counsel can prepare a notice of claim. This formal written statement must be filed with a government agency by the individual intending to bring legal action against them. In many jurisdictions, filing a notice of claim is a prerequisite to initiating a lawsuit. The claim informs the MTA of the potential legal action and allows them to investigate and resolve the matter before litigation.

Uneven surfaces and poorly maintained infrastructure

The walking areas of MTA property should be free of hazards, which could include:

• Protruding objects
• Loose boards, carpet, or railings
• Missing railings or signage
• Cracked sidewalks
• Broken stairs

For New York passengers with mobility challenges or those rushing to catch their train or bus, navigating obstacles at a bus or subway station can be particularly hazardous. Slip-and-fall accidents can result in a wide range of injuries, varying in severity depending on factors such as the height of the fall, the surface landed on, and the age and health of the individual.

Here is a list of common injuries caused by unsafe conditions:

• Fractures, often of the wrist, arm, hip, leg, or ankle
• Sprains and strains
• Head trauma, such as concussions or traumatic brain injuries
• Back and spinal cord damage leading to chronic pain, paralysis, or other neurological deficits
• Cuts, abrasions, and bruises
• Internal organ damage or bleeding

A severe accident could also result in psychological trauma, including fear of falling, anxiety, depression, and post-traumatic stress disorder (PTSD). In rare cases, MTA accidents can be fatal, particularly if the individual falls from a significant height or sustains severe injuries.

Seeking medical attention promptly after a public transportation slip-and-fall accident is crucial. Even if injuries initially appear minor, some may worsen over time if left untreated. Additionally, to recover compensation in New York courts, documenting your injuries will strengthen your case against the MTA.

Determining Liability for New York City Transit Authority (NYCTA) Accidents

Negligence refers to the failure to exercise reasonable care like a prudent person in similar circumstances. In the context of an MTA transportation accident, negligence could encompass actions or inactions that contributed to dangerous conditions or failed to address known hazards.

Key elements in proving negligence in an MTA lawsuit could include:

• Duty of care: Demonstrating that the NYCTA owed a duty of care to passengers and visitors to maintain safe premises and exercise reasonable care to prevent accidents on MTA property
• Breach of duty: Providing evidence that the NYCTA breached its duty of care through acts of negligence, such as MTA’s failure to address reported hazards, poor maintenance, or insufficient staff training on public transportation vehicles and MTA property
• Causation: Establishing a causal connection between the NYCTA’s breach of duty and the plaintiff’s injuries, demonstrating that MTA’s negligence directly contributed to the accident and resulting harm
• Damages: Documenting the extent of the plaintiff’s injuries, including medical expenses, lost wages, pain and suffering, and other accident damages

Suppose the negligence of a government entity like the New York Transit Authority or a corporation under its oversight (such as the MTA) contributes to hazardous conditions. In that case, they can be held liable for their wrongful actions.

Initiating an MTA Personal Injury Lawsuit

If you pursue compensation from a public authority, you will likely be challenged by the legal complexities of dealing with a government agency. MTA personal injury lawsuits may involve various parties, including bus drivers and the bus company itself, further complicating matters. Victims of MTA accidents must act swiftly to gather evidence and meet filing deadlines, as personal injury lawsuits have specific time limitations in New York.

Instead of trying to sue MTA Transportation on your own, why not enlist the assistance of a knowledgeable personal injury attorney? By collaborating with a skilled team experienced in handling personal injury cases against governmental entities like the MTA, injured individuals can assert their rights effectively and pursue fair compensation for their injuries, medical bills, and other losses incurred due to negligence within the MTA transportation system.

Going before a judge and jury is not always necessary. Satisfied Hill & Moin clients appreciate the valuable guidance and strong advocacy our knowledgeable personal injury lawyers provide, whether their personal injury case is settled in or out of the New York court system.

You might have many questions. Our experienced attorneys understand your concerns, and we would like to address these. Our law firm wants to make it easy and affordable for you to learn if you qualify for a New York personal injury lawsuit.

Explore Legal Options in Your Free Consultation

What will happen in your initial meeting with our personal injury attorneys? Knowing ahead of time can put your mind at ease.

First, we want to hear about your experience with the Metropolitan Transportation Authority (MTA). What events or MTA property conditions caused you to suffer injuries? After listening to your story, our legal team can identify the liable parties and start the process to ensure they are held responsible if you qualify to sue the MTA.

Your safety matters on MTA transportation, and you have the right to seek compensation for injuries sustained due to negligence.Take the first step towards reclaiming your peace of mind and protecting your future with proven Personal Injury Recovery SolutionsⓇ. Contact us now at (212) 668-6000 and take control of your legal journey. 

Don’t wonder about your rights!

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Life as a professional home care attendant had taught Halyna to flexibly deal with all sorts of unexpected circumstances, but there’s no way she could have foretold what one pivotal day at work had in store for her. She and her patient went for a stroll to enjoy the cool, autumn morning when unexpectedly, her foot caught on an elevated edge of a concrete block on the sidewalk. Before Halyna knew what was happening, she was sent flying through the air and crashing to the ground. She tried to pull herself together to finish her workday, but she was in too much pain to carry on.

Accepting the situation she had come to find herself in, she called her husband for a ride and was rushed to the closest hospital. There, Halyna was presented with the reality of her substantial injuries by her doctors, which included a fracture in her arm and soft tissue damage to her neck, shoulder, elbow, and knee. Halyna sought justice and knew that she wanted the party responsible for the negligence which had caused her fall to compensate her for all she suffered.

Fortunately, she gave Hill & Moin, LLP a call. Wasting no time, they got to work on her case. Looking back, Halyna describes her experience as “very good, all 5 stars,” adding that she highly recommends the skilled lawyers and paralegals at Hill & Moin, especially for Ukrainian speakers. Thanks to their multilingual support staff, communication between Halyna and the firm was always top-notch, leaving her reassured that her questions and thoughts were being truly heard.

In the end, Hill & Moin was able to elevate Halyna with an impressive settlement of $532,500. With her case all wrapped up, Halyna hopes to use her settlement funds towards a stress-free future.

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J.L. was a metal worker who was working as part of a longstanding, historic, and extensive subway construction project. He was carrying a piece of steel through a passageway when he suffered serious injuries requiring surgery.

J.L. contacted a colleague who advised him to call Hill & Moin. He called their office, and an appointment was quickly scheduled. He met the partners in their office, and they explained the legal process and the steps that they would take to attain the best recovery possible in a difficult and complex case. They commenced legal action and litigated the case with absolute precision. The case was resolved in JL’s favor in the amount of $1 million.

When J.L. was notified of the settlement, he was jubilant. He commended the attorneys for their excellent representation and stated that he was very grateful for hiring Hill & Moin. J.L.’s dreams to open a business will now become reality.

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O.M. had left her apartment to head outside. She had made it to the lobby of her apartment building and had walked to the entrance/exit when she tripped and fell due to a defective step. She suffered injuries to her right wrist and left ankle requiring immediate hospitalization and right wrist surgery.

O.M. contacted a colleague who recommended Hill & Moin LLP. She called their office and they conducted an intake and commenced an investigation. They worked diligently on her case and started a lawsuit even during the COVID pandemic. Incredibly, O.M.’s case was settled for $450,000.

When O.M. was informed of the bountiful settlement, she was surprised and ecstatic. She described her great experience with Hill & Moin. She stated that everyone on the Hill & Moin team was always there for her to address her concerns and questions with patience and assurances. She couldn’t have been happier with Hill & Moin’s representation on her case and highly recommend them to anyone seeking legal representation for personal injury.

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New York City is known as the best city in the country for walking and public transportation. Between 2013 and 2023, pedestrian deaths on NYC roads dropped by 45 percent. However, in recent decades, a new danger to pedestrians has emerged – not from vehicles but from distractions.

The “distracted walker” phenomenon refers to pedestrians who are so engrossed in their smartphones, devices, or conversations that they could overlook a hazard as they walk. One study found that 39 percent of New Yorkers admitted to personally walking distracted – a higher percentage than walkers in other US cities. If you get injured in a slip-and-fall accident on someone else’s property while distracted, this raises serious questions about who is responsible.

In this article, we will discuss the phenomenon of the distracted walker in greater detail and consider how shared liability can affect compensation in a slip-and-fall accident claim in New York City. You may have more legal options available to you than you might expect.

The Dangers of Distracted Walking

A detailed study by the American Academy of Orthopedic Surgeons (AAOS) found that almost 25 percent of Americans have witnessed a distracted walking incident, and 26 percent have been involved in an incident personally.

It’s common for distracted walking incidents to involve:

•  Falling down stairs
•  Tripping over curbs
•  Stepping into traffic without looking
•  Walking into objects, such as trash cans and lampposts

If you are fortunate, you may be able to walk away with bruising to nothing more than your ego. However, these seemingly minor, low-speed accidents can lead to catastrophic and occasionally fatal consequences.

The law on distracted walking in New York

Back in 2019, there were moves in the New York State Senate to ban pedestrians from crossing the road while using portable electronic devices. While these have not become law, walking while distracted could lead to jaywalking, which is illegal in New York City.

Also, if you get involved in an accident and injure someone or cause damage to another person’s property, you could potentially be pursued for compensation in a civil case. However, liability is often complex, and it is important to talk to an experienced New York City slip-and-fall accident attorney to understand your legal position.

Types of distraction while walking

Distractions while walking fall into three main categories:

1. Manual: Distractions involving your hands, such as eating, smoking, or texting
2. Visual: Anything causing you to take your eyes off where you are going, such as following a map, reading on a smartphone, or operating a music player
3. Cognitive: When our minds are elsewhere due to stress, conversations, fatigue, or the influence of drugs or alcohol

It may not be realistic for any of us to be completely focused on the road ahead the entire time we are walking. However, it is usually best to avoid using a smartphone while walking on the street. Ask yourself, “Can it wait?” If it can, then deal with it later.

Also, be attentive to your surroundings, including other pedestrians. Noise-canceling headphones can make it harder to hear and respond to sounds on the road, such as approaching vehicles or emergency sirens. Therefore, it is probably best to avoid wearing them when walking in busy areas.

The danger of complacency

We all readily acknowledge that distracted driving is dangerous, even potentially lethal. Yet, many do not feel the same way about distracted walking. We may feel it is perfectly safe to text, watch videos, play video games, or engage in a serious conversation while walking.

The AAOS study discovered that while 78 percent of people agree that distracted walking is a serious problem, only 29 percent admit it is an issue for them personally. According to the majority, the problem is everyone else.

Who is at risk?

A review of emergency department visits due to distracted walking found that from 2011 to 2019, there were an estimated 29,140 injuries suffered across all age groups. Perhaps unsurprisingly, given their high level of smartphone use, people between the ages of 11 and 20 suffered the most injuries.

While young people sustain the most slip-and-fall accidents, older adults are at the greatest risk of serious injuries. Women over the age of 55 are the most likely to sustain serious injuries due to distracted walking.

Injuries suffered from distracted walking

Sadly, every year, people lose their lives or get seriously injured from downplaying the risks and engaging in distracted walking. Slip and fall injuries may sound innocuous, but it’s possible to sustain injuries such as:

•  Spinal cord injuries

•  Broken bones

•  Traumatic brain injuries

•  Cuts and bruises

•  Sprains and strains

•  Internal injuries

If you damage your spine, hit your head, or receive other catastrophic injuries, your life may never be the same again. For seniors, slip-and-fall accidents can be especially devastating. The CDC estimates that 1 in 5 falls results in a serious injury to people aged 65 and older. Each year, over 800,000 seniors are hospitalized due to a fall injury.

Whether your injuries are life-changing or less serious, it is crucial to seek advice from a slip and fall attorney. Even if you think you were partially responsible, do not hold back from seeking legal advice.

A lawyer can use his or her in-depth understanding of New York shared liability laws to determine whether you have the right to pursue compensation for the economic losses and pain and suffering you have endured. You can find out what your case may be worth during a free consultation.

Shared Liability: Seeking Compensation When You Are Partly Responsible

In slip and fall cases, before you can seek compensation for medical bills, lost income, and other expenses, you must prove who was liable for the accident. This may be complicated in cases involving distracted walking, as there may be two or more potentially liable parties for the slip-and-fall accident that caused your injuries.

The good news is that even if you were partly responsible for your slip-and-fall accident, New York laws enable you to pursue compensation from the other party or parties.

New York shared liability laws

State laws determine how your own degree of fault affects the money you could get. For instance, New York is a pure comparative negligence state. This means that even if you were 99 percent responsible for an accident in this state, you may still be able to recover compensation from the other party.

However, on the flip side, this means the other party or parties also have the right to seek compensation from you. At the same time, under comparative negligence laws, your settlement will be reduced if you were partially responsible for your own injuries.

For example, if you are found to be 40 percent responsible for the accident due to distracted walking, you will only receive 60 percent of the settlement you would have received if you had not been responsible at all.

Conversely, the same would go for a case involving a distracted driver. If you and he were found to both be 50 percent at fault, in New York, you could receive 50 percent of damages.

Proving liability in slip and fall cases

Property owners and managers have a duty to protect visitors who enter their premises. To recover compensation from a property manager or owner, your attorney must prove that he or she could have foreseen an injury taking place and yet failed to take appropriate action. Simply put, you must prove their liability.

The property owner’s negligence could include:

• Failing to clean or maintain their property
• Failing to rope off a hazardous area
• Failing to give notice of an existing hazard
• Failing to remove debris or obstacles from walkways

However, if the property owner can produce surveillance camera footage or other evidence that you were distracted at the time, you may bear partial responsibility for what happened.

An experienced slip-and-fall attorney could investigate your case and build a strong slip-and-fall claim for compensation. From there, your lawyer would negotiate with the other party’s insurance company or attorneys to agree on a fair settlement for both parties. If necessary, a slip-and-fall lawsuit could be filed and you could go on to pursue damages in court.

Trust the Experience of Hill & Moin Slip and Fall Attorneys

A slip-and-fall accident involving a distracted walker can be complicated, especially as such cases often involve shared liability and foreseeability of a hazard. However, do not let the complexities put you off seeking justice and the compensation you need to get your life back on track.

At the New York law firm of Hill & Moin, our attorneys are ready to listen carefully to your story. While it may be complex, we can provide the advice you need to decide whether you want to take your case forward. If you hire us, you may rest assured that we will do all we can to give you the best possible chance of receiving the compensation you deserve for your slip-and-fall accident.

If you are ready to learn more about the Personal Injury Recovery SolutionsⓇ to your slip-and-fall, schedule a free consultation with us. Call us 24/7 at (212) 668-6000 or complete our online form, and we will contact you soon. 

Don’t wonder about your rights!

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It was a chilly, late winter afternoon when A.R. was outside enjoying the refreshing air during her lunch break. After taking some time to relax and stretch her legs, she made her way toward the high-rise building where her office was located. As she approached the door, she did not notice that there was ice forming above the exterior door that she was about to cross beneath. As she began to pass blow the overhang near the door, she was unexpectedly struck by a large chunk of falling ice. Disoriented and confused, she continued into the building and returned to her office. Upon seeing A.R. in distress and pain, her coworkers were quick to insist on medical care. Before long, she was on her way to seek emergency medical care. Luckily for A.R., medical treatment was not the only help she was put in touch with. A trusted friend urged A.R. to reach out to the attorneys of Hill & Moin and A.R. was thankful that she did. She described the steady communication, bedside manner of support staff, and overall ease of working with Hill & Moin as an “A+”. She added that, having had experience working in the legal field herself, she couldn’t have asked for a better team to handle her case. When all was said and done, the counsel of Hill & Moin was able to pin down a staggering 1.8-million-dollar settlement for the pain and suffering A.R. had withstood. With her freshly awarded funds, A.R. has plans to save and invest in her future and those of her children as well.

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