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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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After a slip-and-fall accident, it may seem like the existence of the hazardous conditions that caused your slip-and-fall incident won’t be enough to prove the at-fault party’s negligence. While the circumstances surrounding each slip and fall claim are unique, there are several steps that you can take when seeking fair compensation for what you have suffered.

The most important step you can take for your slip and fall lawsuit or premises liability claim is to document evidence. This can involve documenting where the fall occurred, the fall injuries, and more to prove the negligence of the property owner. Exactly the kind of evidence that can help your slip and fall case may be unclear until the case progresses further, so make sure to hold on to everything related to your fall case until it is resolved.

Slip-and-fall accidents are responsible for over 1 million emergency room visits annually in the United States. If you were hurt in a slip-and-fall accident, you may be entitled to compensation for your injuries. To learn more about your Personal Injury Recovery SolutionsⓇ, contact the lawyers of Hill & Moin, LLP, today at (212) 668-6000. We can help you understand the best course of action for your case.

What Evidence Can Help Your Case?

Medical records are key pieces of evidence for your slip and fall case. These records help document your injuries, proving the extent and severity of the damage caused by the negligent property owner.

Medical records include:

• Doctor’s notes
• Hospital bills
• Test results
• Medication receipts
• X-rays and other imaging tests
• Your appointment log with various medical professionals

In addition to medical records provided by a hospital or clinic, a daily personal log of any pain or discomfort you suffered can support your fall claim. This log can include your experiences, such as emotional distress and any limitations caused by your injuries.

An eyewitness account can also greatly help in a slip and fall case. Locating a witness to your accident who is willing to testify on your behalf can make a big difference in proving your side of the story.

Any financial repercussions from your accident, such as missed work, and relevant eyewitness statements should be carefully recorded and preserved as evidence of financial hardship.

What to Do Immediately After the Accident

You can begin gathering evidence for your slip-and-fall accident claim the moment that the incident happens. Preserving evidence, noting any witnesses present, and seeking immediate medical attention are just a few of the things you can do to try and ensure a fair settlement.

Here are a few steps you should take as soon as possible to ensure the best outcome in your case:

1. Document the accident scene. Take pictures of the place where the accident occurred, any warning signs, or lack thereof, and your visible injuries. If you have fallen in a public place, there may be security camera footage of your fall, which a lawyer can access to support your claim. If the incident occurs on someone else’s property, gathering evidence on the responsible parties may require legal representation.
2. Collect witness contact information. Depending on where your slip-and-fall incident took place, there may be people around who offer to help you or who saw what happened. Getting their names and contact information is vital so for gathering testimony to corroborate your version of events.
3. Report the accident. Notify whoever is in charge of the place where your accident occurred – whether the property owner, store manager, or landlord. Be sure to include all relevant details in the accident report, including the circumstances leading up to it. Be sure to acquire a copy for your records.
4. Seek medical attention promptly. Get medically evaluated as soon as you can after the accident, even if you don’t seem to have serious injuries. By seeking immediate medical attention, you can ensure that any injuries you have get the appropriate medical treatment and are logged in your medical record as evidence. That way, your medical expenses can be part of your personal injury claim.
5. Contact a personal injury lawyer. Seek help with your premises liability claim. An experienced attorney will know the ins and outs, and his or her guidance can make a big difference in your recovery.

Performing the above tasks in the aftermath of your accident can help you receive the compensation you deserve. While each case is different, there are common denominators among fall cases. Talk to a qualified lawyer to make sure your case is on the right track.

What to Keep Track of As Time Goes On

Personal injury lawsuits are not always resolved quickly. As time goes on, and you are waiting for your settlement, you need to make sure that you keep good records. Every treatment, expense, email, or phone call can make a difference in the outcome of your case.

Here are a few points to remember as time goes on:

• Keep detailed records of the ongoing medical bills and medical treatments you receive. Don’t skip your follow-up appointments, and keep track of what the doctors say about your prognosis. Seeking medical attention is essential both at the beginning of your claim and as it progresses.
• Consult a personal injury lawyer. Even if you don’t do this immediately, it may not be too late to consult an experienced personal injury lawyer who has experience in handling slip-and-fall accident cases. A lawyer can help you understand your legal rights and options for seeking compensation for your injuries.
• Be cautious when communicating with the negligent party’s insurance company or representatives. Even personally communicating with eyewitnesses can be dangerous to your case. It is best to let your lawyer handle all communication about your case on your behalf.
• Keep track of missed work or lost wages due to the accident and any pain, suffering, or emotional distress you have experienced. These non-economic damages may be included in a settlement or court award.
• Document how the accident is affecting your daily life. You don’t have to accept that your “new normal” is how things simply must be – you can fight for justice.

By keeping the former points in mind as your case progresses, you give yourself the best chance of a just recovery. Your personal injury claim for your slip-and-fall accident may require a thorough investigation to establish liability based on eyewitness accounts, visual evidence, and more.

How Hill & Moin Can Help You After a Slip-and-Fall Accident

At Hill & Moin LLP, our injury lawyers are ready to help those who have experienced slip-and-fall accidents. We understand how overwhelming it can be to navigate the legal process alone.

Areas that our personal injury attorneys can help you with your slip and fall injury case include:

• Collecting the documentation you need
• Gathering evidence
• Knowing how to preserve evidence and identify witnesses
• Taking witness statements
• Documenting injuries
• Establishing liability,
• Helping you receive fair compensation

Our personal injury legal team has extensive experience in slip and fall cases and personal injury law, so we know how to prepare your slip-and-fall accident claim effectively. When we take on your slip and fall case, we can help you seek financial compensation for medical bills, lost wages, pain and suffering, and more.

When you hire a Hill & Moin slip and fall lawyer, we will fight to ensure the best possible outcome for your personal injury law slip and fall case. Since we have your interests at heart, working with us will feel like you have a lawyer in the family. We serve slip and fall injury victims in multiple New York City areas, including Queens, Brooklyn, Bronx, and Staten Island.

Contact us today for a free consultation to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 or fill out the contact form.

Don’t wonder about your rights!

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Navigating the bustling New York City subway system can be thrilling or convenient, but it also comes with its fair share of risks. Slip-and-fall accidents are not uncommon in these busy underground stations, where crowds hustle and platforms can get slippery.

From wet floors to uneven surfaces and debris left unattended, numerous factors can contribute to slip-and-fall incidents in the subway.

Public transportation is meant to provide convenience and efficiency, but safety should never be compromised. When negligence contributes to accidents on subways or buses, victims have rights that deserve protection.

Were you hurt in a slip-and-fall accident? You may be entitled to compensation for your injuries. To learn more about your Personal Injury Recovery SolutionsⓇ, contact the lawyers of Hill & Moin, LLP, today at (212) 668-6000. We can help you understand the best course of action for your needs.

The Responsibilities of the MTA and Other Public Transportation Systems to Maintain Safety

New York City is a bustling metropolis with millions of people relying on its extensive subway and public transportation system every day. While these modes of transport are essential for getting around the city, they also come with their own set of risks, including slip-and-fall accidents.

Whether you are rushing to catch a train or navigating crowded platforms, the potential for accidents is ever-present. In subway stations, overcrowding during rush hours can lead to pushing and shoving, which may result in someone losing his or her balance. Additionally, inclement weather conditions like rain or snow can make platforms slippery.

Inside trains or buses, sudden stops or starts without warning can cause passengers to lose their footing. Lack of handrails or grab bars for support can contribute to falls, particularly for elderly individuals or those with mobility issues. Sudden stops, starts, or sharp turns by bus drivers can throw off balance and result in falls.

Neglected maintenance, such as loose tiles, debris accumulation, or icy patches during winter months, are additional factors that heighten the danger of slip-and-fall incidents within public transportation premises.

Public transportation systems like the Metropolitan Transit Authority (MTA) in NYC have a crucial responsibility to ensure the safety of their passengers. It is essential for these entities to maintain clean, well-lit platforms and walkways to prevent slip-and-fall accidents. Regular inspections should be conducted to identify and promptly address any hazardous conditions.

Proper signage warning about wet floors or uneven surfaces can help mitigate potential risks. Adequate training for staff members on how to respond to accidents is also vital in providing quick assistance when incidents occur. Additionally, ensuring that escalators and elevators are properly maintained is key to preventing accidents related to mechanical failures.

Sadly, these vital safety measures are sometimes neglected. When that happens, and a person is injured, the responsible parties must be held accountable.

Steps to Take Following a Slip-and-Fall Accident

If you have experienced a slip-and-fall accident in NYC subways or public transportation, take the following steps as soon as possible:

• Document the accident scene by taking photos of any hazardous conditions that led to your fall. Obtain contact information from any witnesses who saw what happened, but avoid discussing the accident and liability or accepting blame with anyone at the scene.
• Keep detailed records of all medical treatments received and expenses incurred due to the accident. Attend all follow-up appointments with your medical providers and follow their treatment plans.
• Consult an experienced personal injury lawyer who has experience in handling slip-and-fall accident cases. He or she can help you understand your rights and options for seeking compensation for your injuries.
• Be cautious when communicating with insurance companies or representatives from public transportation agencies. The defense may try to minimize your claim or offer a low settlement. It is best to let your lawyer handle all communication on your behalf.
• Keep track of any missed work or lost wages due to the accident, as well as any pain and suffering you have experienced. These damages may be included in a settlement or court award.
• Be honest and thorough when providing details about the incident and its impact on your life. Remember that seeking compensation for your injuries is your right – don’t hesitate to take action to protect yourself.
• If a settlement cannot be reached, your lawyer may advise taking the case to trial. Make sure to attend all court proceedings and cooperate with your legal team throughout the process.

Seek Medical Attention After a New York Subway Accident

After a slip-and-fall accident in the busy New York City subway or public transportation, seeking medical attention is crucial. Even if you feel fine initially, hidden injuries can surface later on.

The adrenaline rush can mask pain, leading to delayed symptoms. Getting checked by a healthcare professional ensures that all injuries are properly diagnosed and treated promptly.

Prompt medical care ensures that your injuries are documented in case of any potential legal claims down the road. Ignoring minor injuries can escalate into bigger health issues if left untreated. Your well-being is paramount after an accident, so prioritize your health by seeking medical attention without delay.

Remember, your safety and health come first – don’t underestimate the importance of getting medical help post-accident. It is a proactive step towards recovery and potential compensation for damages incurred due to someone else’s negligence.

Metropolitan Transit Authority Work-Related Personal Injury Claims

Have you ever considered the risks that Metropolitan Transit Authority (MTA) workers face every day while keeping NYC subways and public transportation running smoothly?

The nature of the job requires constant vigilance amidst potentially hazardous conditions. Whether navigating crowded stations or dealing with malfunctioning equipment, MTA employees must always prioritize safety.

However, despite the MTA’s best efforts, accidents can still occur due to various factors beyond their control. From slip-and-fall accidents on subway platforms to slipping and falling while maintaining train tracks, these incidents can have a significant impact on the workers’ lives. A work-related injury for an MTA employee can be physically and emotionally challenging.

In such cases, seeking compensation for a Metropolitan Transit Authority work-related injury becomes essential for affected employees. The process for compensation, however, is not always straightforward.

Workers’ compensation vs. the Federal Employers’ Liability Act (FELA)

Workers’ compensation is a safety net designed to cover employees injured during the course of their employment. However, for railroad workers, the landscape differs. While MTA/New York City Transit Authority employees fall under the umbrella of state workers’ compensation, those working for the Long Island Railroad, Metro North, and Amtrak are governed by a separate policy: the Federal Employers’ Liability Act of 1907 (FELA).

Under FELA, injured railroad workers are entitled to compensation but with a distinct set of guidelines. Unlike workers’ compensation, where the onus is generally on the employer to provide coverage for injuries sustained on the job, FELA requires the injured worker to demonstrate that his or her employer was at least partially negligent to qualify for compensation.

For railroad workers seeking compensation under FELA, the burden of proof lies in establishing employer negligence. This can present a challenge since it requires thorough investigation and documentation.

Navigating the complexities of FELA requires skilled advocacy. Injured railroad workers should seek guidance from legal professionals experienced in railroad injury cases.

Seeking Compensation for Injuries and Damages

If you’ve been injured in a slip-and-fall accident on the NYC subway or public transportation, you may need compensation to cover any other expenses incurred due to the incident.

To seek compensation, consider filing a personal injury claim against the Metropolitan Transit Authority (MTA) or other responsible entities. You must clearly prove negligence on their part and the dangerous conditions causing your injuries.

A skilled attorney will assess your situation, gather evidence, handle negotiations with insurance companies, and represent you in court if necessary. Please note the specific ways a personal injury lawyer can help with your case.

Investigating the accident

Your lawyer will thoroughly investigate the circumstances surrounding your accident. He or she can obtain:

• Surveillance footage
• Interview witnesses
• Review any relevant documents or reports, and;
• And more

Proving negligence

To receive compensation for your injuries, you must prove that the transportation system was negligent. Your lawyer will gather evidence to support this claim and work to establish liability on the part of the responsible party.

Calculating damages

Personal injury lawyers have experience in calculating damages for their clients. They will take into account:

• Medical expenses
• Lost wages
• Personal property damaged in your fall
• Other factors to ensure you receive fair compensation for your injuries

Negotiating with insurance companies

Insurance companies are notorious for trying to minimize payouts to injured individuals. Your lawyer will handle all communication with insurance companies on your behalf and negotiate for a fair settlement.

Representing you in court

If negotiations fail or a fair settlement cannot be reached, your lawyer will represent you in court. He or she can present your case and argue for maximum compensation on your behalf.

How a Hill & Moin Personal Injury Lawyer Can Protect Your Rights

The dedicated attorneys at Hill & Moin understand the complexities of navigating the legal system after an accident. We work diligently to help our clients recover compensation for medical expenses, lost wages, pain and suffering, and other losses incurred due to someone else’s negligence.

If you have been injured in a subway or public transportation accident in New York City, contacting Hill & Moin, LLP, for a free consultation can be your first step towards recovering the compensation you deserve.

Why not schedule a free consultation to learn more about your Personal Injury Recovery SolutionsⓇ? Call us at (212) 668-6000 or complete the online form.

Don’t wonder about your rights!

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A slip-and-fall accident can happen suddenly and when you least expect it. NYC Health has reported that unintentional falls are the leading cause of injury-related hospitalizations in New York City.

Property owners have a certain level of liability and responsibility for the safety of their visitors. A slip-and-fall involving a property hazard can leave you seriously injured. If you can prove the property owner’s negligence caused or contributed to your accident, the property owner could be held liable for the losses related to what happened.

Have you or a loved one been injured in a slip-and-fall accident? If so, Hill & Moin LLP is here to help. Contact us today at (212) 668-6000 to schedule a free initial case consultation.

What You Need to Prove in a Slip and Fall Case

Some people assume that if they fall and are injured on someone else’s property, the landowner will automatically be liable for their medical bills and other losses. However, this does not always turn out to be the case.

If you sustained an injury in a slip-and-fall accident, you will need to establish that the business, home, or landowner failed to take reasonable steps to protect you.

For your slip and fall claim to be successful, you must be able to prove the following.

A person’s status on the property

Property owners have a legal duty of care – an obligation – to keep their premises safe for visitors and guests. However, the duty of care that a property owner owes to an individual depends on the person’s status on the property at the time of the accident.

The three types of visitors to a property are:

• Invitees: An invitee is someone who was invited onto the property – even with an implied invitation. Examples of invitees include hotel guests, patrons of a restaurant, customers in a store, patients at medical facilities, and contractors hired to do work at one’s home.

• Licensees: A licensee is someone who visits the property for his or her own purpose. Examples include a friend or family member stopping by to visit or a door-to-door salesman.

• Trespassers: A trespasser is someone who enters the property without consent. Typically, property owners do not have an obligation to warn trespassers of dangerous property conditions. However, the specific laws regarding this will depend on the state where you reside.

A hazard existed on the property

The first step in establishing liability is proving that a hazardous or dangerous condition existed on the property.

The following are examples of property conditions that contribute to slip-and-fall accidents:

• Ice and snow on parking lots, sidewalks, and stairs
• Torn or ripped carpet
• Poor lighting
• Debris in walkways
• Recently mopped or slick floors
• Broken or missing handrails

The property owner was aware of the hazard

You will also need to prove that the property owner caused the hazardous property condition, knew about it, or reasonably should have known about it. This element of a premises liability case is the breach of duty of care – often the most difficult to prove.

For example, if your fall was caused by a structural defect, such as a broken handrail, you will want to find proof of how long the handrail had been broken. If it had been for some time, the property owner probably should have been aware of the issue.

The property hazard was the cause of the injury

For a slip and fall claim to be valid, you must also prove that your injury was a direct result of the dangerous property condition. The property owner’s negligence in failing to maintain his or her property must be directly related to your injury.

For example, if you claim that you sustained a back injury, you must prove the injury was directly caused by the slip-and-fall rather than some unrelated incident.

The accident victim suffered damages as a result of the slip-and-fall

You will also need to show that you have sustained damages as a direct result of the property owner’s negligence. This is because, if there are no damages to show for it, then there is nothing to be compensated.

Financial losses incurred as a result of a slip-and-fall may include:

• Medical expenses
• Lost earnings
• Pain and suffering

Evidence Used to Establish Liability in Slip and Fall Cases

A slip and fall case is only one type of premises liability claim. As the plaintiff in a premises liability case, the burden of proof lies with you. This means that you must gather evidence showing the property owner’s negligence is related to your injury.

The following are different types of evidence used in slip and fall cases.

Photos

If possible, take photos of what caused your accident immediately afterwards. It is important to take photos as soon as possible – otherwise the evidence could be removed.

For example, if your fall was caused by ice or snow, this evidence will be gone as soon as it is cleared or melts. Or if you slip on a liquid spilled in a grocery aisle, the store owner will likely make sure the spill is cleaned up quickly after the incident.

Video footage

One of the most solid forms of evidence in slip and fall cases is a video recording of the fall taking place.

Most businesses and some residential buildings have CCTV surveillance footage recording the premises. A personal injury lawyer can help you request a copy of the footage from the building owner.

If CCTV footage is not available, it is possible that your fall may have been caught on a security system doorbell camera or by someone recording a video with a smartphone.

Items of clothing

While it may seem odd, the clothing you were wearing at the time of the slip and fall case could be used as evidence. Do not wash or discard the shoes and clothing you were wearing at the time of the accident. Instead, place them in an airtight bag or container and give them to your personal injury lawyer.

If your fall was the result of debris or spilled liquid on the floor, any residue on your clothing could be used to provide evidence of the existence of the hazard.

Additionally, some defendants try to dispute a slip and fall case by claiming the plaintiff was wearing improper footwear. Preservation of the shoes you were wearing at the time of your fall can be used to dispute this defense.

Witness statements

If any people were present at the time of your slip-and-fall, ask them if they are willing to give a statement about what they witnessed. You could use your smartphone to record statements about their version of events.

Be sure to ask eyewitnesses for their contact information. Your personal injury attorney may need to contact them later on and request that they testify in court. Juries will often give a lot of weight to the testimony of neutral third-party witnesses.

Medical records

It is vital to seek medical treatment immediately following your fall even if you initially feel fine. Adrenaline and the stress of the moment can mask symptoms that become apparent in the hours and days following your fall.

Furthermore, failure to seek medical help right after the incident could lead to the defendant claiming that your injuries were pre-existing rather than directly caused by the slip-and-fall accident. Medical records provide a paper trail connecting your injuries to the slip-and-fall.

Incident reports

An incident report should be completed if your slip-and-fall took place on commercial property. Obtaining a copy of an incident report form from the supervisor on site and filling it out can prove useful to your case.

The incident report could give you a preview of the property owner’s potential defenses. For example, if the business owner puts in the report that you were to blame for the accident, you can expect that will be his or her defense if the case goes to trial.

Additionally, eyewitnesses to your fall that you were unaware of could be listed in the report. These witnesses could provide testimony beneficial to your claim.

A Personal Injury Lawyer Can Help You Gather Evidence for Your Slip-and-Fall Accident

After sustaining a slip and fall injury, you may be debating whether to gather evidence and file a claim on your own or seek the help of an attorney.

Some people hesitate to hire a slip and fall lawyer because they are concerned about the costs. However, most personal injury lawyers work on contingency. This means you will not pay any upfront costs to retain their legal services.

One of the many benefits of having a lawyer on your side is that he or she can help you obtain proof of your slip-and-fall and maximize your settlement in the following ways:

• • Conduct an investigation: To acquire evidence, one of the first actions your slip and fall attorney will take is to launch a full investigation into your accident. This may involve viewing security footage, speaking with witnesses, reviewing incident reports, visiting the accident scene, and more.

• Subpoenaed evidence: A slip-and-fall accident lawyer can subpoena evidence that can be used to demonstrate liability. This could include video footage from surveillance cameras, maintenance logs, and repair records.

• Consult experts: Lawyers sometimes collaborate with accident reconstructionists and engineers to get a clearer understanding of how an accident occurred. They may also consult vocational experts and medical professionals to thoroughly understand how your injuries affect your future.

• Record testimony from friends and family: The damages you recover often depend on how your slip and fall injuries have affected your life. Your lawyer may ask your loved ones to testify how your injury has impacted your ability to join in family activities, take care of yourself, or engage in hobbies.

• Protect your rights: The property owner, along with his or her representatives, may try to place full or partial blame on you for the slip-and-fall. They could claim that the hazard and danger were foreseeable or that you were exaggerating your injuries. Your lawyer will work to shift the blame from you and defend your rights.

• Negotiate with insurance companies: Your personal injury attorney can handle all negotiations with the insurance company on your behalf. Your attorney will be familiar with the tactics insurers use to devalue a claim and know how to combat these in order to get you a fair settlement that fully compensates you for your losses.

Let Us Help You Establish Liability After a Slip-and-Fall Accident

At Hill & Moin LLP, we understand the serious consequences of a property owner acting negligently. A slip-and-fall accident lawyer can help you:

• Identify all parties responsible for your injuries
• Establish liability
• Provide insight into what evidence might be available to strengthen your case

Our law firm serves multiple areas in and the vicinity of New York City, including Manhattan, Queens, Brooklyn, Bronx, and Nassau County. We offer all potential clients a free case consultation. We take all personal injury cases on contingency. This means we only get paid if we recover compensation for you, so you don’t pay us out of pocket.

Our experienced legal team truly cares about our clients. With Hill & Moin on your side, it is “like having a lawyer in the family,” as our clients have told us. Contact us today at (212) 668-6000 to learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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Picture this: NYC under a fresh blanket of snow – it’s like a winter postcard. But hidden beneath that snowy scene lies a sneaky hazard: ice. It’s easy to slip, fall, and get hurt on these icy patches. That’s where we come in. We’re here to help you understand what to do if you find yourself taking an unexpected tumble this winter.

NYC’s Winter Slippery Surprise

We all know NYC winters can be tough. That snow might look pretty, but it can turn into a slippery mess real quick. When you fall and get hurt, it’s not just about the pain. There can be medical bills, lost time at work, and a whole lot of stress.

What’s the Deal with Slip and Fall Laws?

Here’s the lowdown: If you slip and fall because of ice or snow, someone might be responsible for not keeping things safe. But proving that in court can be tricky. It’s all about showing that the person in charge of the place where you fell knew about the danger but didn’t fix it.

How Hill & Moin Can Help You

We at Hill & Moin are like detectives for slip and fall cases. We dig deep – taking pictures, talking to people who saw what happened, and looking at weather reports. We want to make sure we have all the details to tell your story right.

Your Rights and What You Could Get

After a nasty fall, you might worry about money for doctor’s visits or the paychecks you miss while you’re healing. That’s totally fair, and you deserve help with that. We fight to get you money for all those things, plus compensation for the pain and hassle you’ve gone through.

Why You Shouldn’t Wait to Call a Lawyer

Here’s a heads-up: In New York, you can’t wait forever to decide to take legal action. There’s a time limit for filing your case. Plus, the sooner you get us on board, the better we can gather evidence to support your claim.

Wrapping It Up

Falling on ice in NYC is no joke. It can really turn your life upside down. That’s why having a team like Hill & Moin by your side is key. We know the ins and outs of these cases and are all about getting you what you deserve. Contact us anytime for a free consultation.

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