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What Tourists Need to Know About Their Legal Rights After an Injury in New York City

June 16th, 2025 by

Each year, millions of visitors are drawn to New York City’s bright lights, Broadway shows, famous landmarks, and bustling streets. The energy is infectious — a city that never sleeps, alive with the promise of adventure. But what happens when a trip to the Big Apple doesn’t go as planned?

Let’s say you’re strolling through Central Park, admiring the changing colors of the trees, when a cyclist veers off a path and collides with you. Or maybe you’re exiting a popular Times Square hotel when you slip on an icy sidewalk that wasn’t properly maintained. Suddenly, your vacation turns into an ambulance ride and a stack of medical bills.

If you’re a tourist — from another state or even another country — you may be asking yourself, “Do I have any legal rights here?”
The short answer? Yes, you do.

Being a Tourist Doesn’t Mean You’re Powerless

One of the biggest misconceptions injured travelers have is that because they’re not from New York, they have no legal recourse. This simply isn’t true. New York law protects everyone — visitors and residents alike — when it comes to personal injury.

Whether you’re visiting from California, Canada, or Caracas, you have the same legal rights to pursue compensation if someone else’s negligence caused your injury. That includes slips and falls, pedestrian accidents, vehicle crashes, construction-related injuries, and more.

If someone had a duty to keep you safe — a property owner, a driver, a business, even a city agency — and they failed in that duty, you may be entitled to recover damages.

Real-Life Case: A Tour Gone Wrong

Let’s take Maria, for example. She flew in from Buenos Aires to see her granddaughter’s NYU graduation. During her stay, she booked a guided tour of Lower Manhattan. As the group moved between sites, the tour operator led them across a cobblestone alleyway that was slick from rain. There were no warnings, no handrails — and Maria fell, fracturing her hip.

She didn’t speak much English and was unsure of her rights. Fortunately, her daughter reached out to a New York personal injury attorney. They discovered that the tour company had a history of safety complaints, and their negligence in providing a safe route contributed directly to Maria’s injury. The result? A settlement that covered her hospital stay, physical therapy, and the cost of flying home with medical assistance.

This is not an unusual story. And it highlights an important truth: you are not alone, and you are not without options.

Steps to Take If You’re Injured While Visiting NYC

It’s normal to feel overwhelmed in the moment. But if you can keep a clear head, these steps can make a big difference later:

  1. Get Medical Attention
    Your health comes first. Even if the injury seems minor, get checked out. Some injuries, like concussions or internal bruising, may not show symptoms right away.
  2. Document Everything
    Take photos of where the injury happened. Capture any visible hazards (a broken sidewalk, a wet floor without a sign, etc.). Get the names and contact info of any witnesses.
  3. Report the Incident
    If it happened in a hotel, store, or other business, report it to a manager. If it was a vehicle accident, call the police and file a report. These records help support your claim later.
  4. Avoid Making Statements or Signing Forms
    You might be asked to sign something “for the record” or “for insurance.” Politely decline until you speak with an attorney. Even a well-meaning statement could be misused.
  5. Consult a New York Personal Injury Attorney
    This is crucial. A local attorney understands the laws, procedures, and tactics insurance companies use. They can help you navigate the system — even from thousands of miles away.

Why NYC Cases Require Local Expertise

New York City is one of the most complex legal landscapes in the country. Between municipal regulations, aggressive insurance companies, and fast-moving court calendars, trying to handle a case on your own can feel like getting lost in the subway without a map.

Local attorneys know which courts have backlogs. They know how to preserve evidence from security cameras (which can be erased in just days). They know what juries expect — and they know when a settlement offer is too low.

That’s why working with a knowledgeable NYC-based team can make a world of difference in your outcome.

What Kind of Compensation Could You Receive?

Tourists injured in NYC may be eligible for:

  • Medical expenses — including ER visits, surgeries, rehab, and follow-up care back home.
  • Lost wages — if the injury affects your ability to work.
  • Pain and suffering — for both physical pain and emotional trauma.
  • Travel disruptions — including rebooking fees, lost experiences, or special travel arrangements due to your injury.(NYC.gov)

Each case is different, and the value of your claim depends on many factors. But don’t assume it’s not worth pursuing — a quick phone call with an experienced attorney can clarify your options.

You Don’t Need to Be in New York to File a Claim

Worried about handling a legal claim after you’ve returned home? Don’t be. In most cases, you don’t need to physically be in New York to pursue your case.

With today’s technology, your attorney can handle paperwork electronically, conduct interviews via video call, and represent you in court hearings without you having to come back — unless absolutely necessary. In fact, many personal injury claims settle before a trial is ever needed.

The Bottom Line: You Deserve Justice, No Matter Where You’re From

Getting injured while traveling is a stressful, disorienting experience. You may feel like your vacation has turned into a nightmare, and the idea of pursuing a legal case might seem too complicated — especially from afar.

But here’s the truth: you have rights. You have a voice. And you have people who will stand up for you.

At Hill & Moin LLP, we’ve proudly represented tourists and visitors from all over the globe. We understand the fears, the uncertainty, and the importance of getting the care and justice you deserve. Our Personal Injury Recovery Solutions® approach is about more than money — it’s about helping people feel empowered, supported, and whole again.

Injured While Visiting NYC? Let’s Talk.

If you or someone you love was hurt while visiting New York, don’t wait. Call Hill & Moin LLP today at (212) 668-6000 for a free consultation. We speak your language — literally — with multilingual support available in Spanish, Russian, French, Yiddish, and Armenian.

You came to New York for memories. Don’t let an injury steal them away. Let us help you take the next step with confidence.

For more information on injury-related data in New York City, you can visit the NYC Health Injury Statistics page.

Understanding Vicarious Liability in New York Personal Injury Cases

April 7th, 2025 by

An accident can happen in an instant, but the impact can last a lifetime. Injuries can leave lasting scars – both physically and emotionally. When someone else’s negligence turns your world upside down, the path to justice isn’t always as straightforward as it seems.

Sometimes, the person who caused your injury wasn’t the only one responsible for what happened. In many cases, employers, individuals, and other entities can be held accountable for an employee’s conduct, people acting on their behalf, or dependents in their care. This legal principle, known as vicarious liability, can be the key to securing the full compensation you need to rebuild your life.

In this article, we explain the concept behind New York’s vicarious liability laws. We’ll also help you understand your rights and legal options so you can make an informed decision about your personal injury case.

Who’s Really Responsible? Understanding Vicarious Liability in Personal Injury Cases

When an injury disrupts your life, the path to justice can seem daunting. Yet, New York’s vicarious liability laws are designed to make sure that when negligence occurs, those who benefit from risky behavior are held accountable.

Vicarious liability is a legal doctrine that makes one party responsible for another’s actions. Whether you’ve been hurt in a hospital, at a bar, by a defective product, or during a transportation mishap, understanding these principles empowers you to seek the compensation you deserve. Vicarious liability applies in different situations, such as the following.

The Employer-Employee Relationship: Holding Employers Vicariously Liable

The term “vicarious liability” refers to a legal doctrine that holds one party responsible for the actions of another. Under New York law, if an employee commits a wrongful act while on the job, the employer might be held vicariously liable in a personal injury lawsuit, depending on the circumstances. This law typically does not apply to independent contractors.

The legal principle behind employer liability is known as “respondeat superior” – Latin for “let the master answer” – an employer can be held liable for the negligent acts of an employee if those actions occur within the scope of employment.

Vicarious Liability When Defective Products Cause Harm

When you purchase a product, you expect it to be safe. Yet, defective products sometimes cause serious injuries. In these cases, manufacturers, marketers, distributors, and retailers can be held liable under the theory of strict liability – a concept closely related to vicarious liability.

Under New York law, a defective product that causes injury may lead to a claim without the injured party needing to prove negligence. Whether the defect is due to a design flaw, a manufacturing error, or a failure to warn about potential risks, the responsible parties may be required to pay compensation.

Premises Liability in New York City

In many situations, a property owner may hire third-party contractors or property managers to handle maintenance and repairs. Or a property owner may delegate control over day-to-day job duties to a property management company.

What if one of these agents fails to address hazardous conditions or neglects to follow proper safety protocols and an injury occurs as a result? The property owner may share the blame – even if he or she did not personally create the unsafe condition.

Is a Parent Responsible If a Child’s Conduct Causes Harm?

Parents aren’t typically held responsible for the actions of their child or teenHowever, under New York statute GOL 3-112, you can hold a parent liable if a youth’s actions were wrongful or willfully malicious, leading to injury.

The legal concept of parental liability also applies to legal guardians with custody of a minor child. However, if the child is a ward of the state or in foster care, the foster parent cannot be held liable for the child’s actions.

Vicarious Liability in Teen Car Accident Cases

Under New York’s no-fault laws, each driver’s insurance covers the respective damage for non-severe damages, regardless of who caused the accident. But what of car accidents that are caused by minors driving their parents’ cars?

Suppose a teen was on his or her parent’s insurance and caused only minor injuries. In that case, you must first seek coverage from your own insurance policy. What if you suffered a serious injury, the parents were uninsured, or your medical costs exceed your policy limits? You would have to seek compensation from the parent’s insurance company or pursue a personal injury lawsuit.

According to the NYC Department of Motor Vehicles (DMV), teenagers are overrepresented in both injury-causing and fatal car accidents, often due to inexperience and developing decision-making skills.

What if someone knowingly allows his or her child, who is an unfit, uninsured, or negligent driver, to operate a vehicle? That could be a failure to exercise reasonable care, which only increases the risk of an accident.

There could be grounds arguing that a vehicle was negligently entrusted if the child:

  • Had a permit or license revoked
  • Has a history of dangerous driving or DUII
  • Has violated New York’s Zero Tolerance Law
  • Has violated the DMV’s new driver restrictions
  • Has violated limitations to his or her driving privileges or civil penalties

For a parent to be held vicariously negligent, a teen driver must have acted in a willfully malicious or negligent manner while driving the parent’s car. Yet, most teen-driver crashes are caused by driver error rather than reckless or intentional malicious driving.

If an accident occurred due to driver error, you may be unable to pursue a claim or personal injury lawsuit under vicarious liability laws. Yet, you still have a right to fair compensation, and there are other legal avenues available.

Rental Cars, Rideshares, and Taxis: Who’s Responsible After a Crash?

Under the Graves Amendment, rental car companies can’t be sued simply because they rented a car to someone who later caused an accident.

On the other hand, rental companies could be held liable for negligent entrustment if they:

  • Fail to maintain their vehicles, leading to a crash
  • Give misleading instructions on how to operate a vehicle
  • Rent to someone who is clearly unfit to drive (such as someone with a suspended license or a history of driving under the influence (DUIs)

Rideshare companies typically classify their drivers as independent contractors, which helps in avoiding vicarious liability. However, many rideshare companies do provide insurance coverage to properly compensate a driver who is actively carrying a passenger or on the way to a pickup.

Many NYC taxi drivers are independent contractors or private taxi drivers and follow similar liability arrangements as independent rideshare drivers. Taxi companies, on the other hand, often employ their drivers and can be held vicariously liable for accidents caused by their employees.

New York City Alcohol Vendors and DUI Accidents

Alcohol-related accidents are among the most heart-wrenching and life-altering events. New York’s alcohol vendor laws are designed to protect the public against DUI accidents. It holds bars, restaurants, and liquor stores accountable if they serve alcohol irresponsibly.

New York’s alcohol vendor laws allow victims to sue establishments that serve alcohol to:

  • A visibly intoxicated person who later causes harm
  • Any customer who is known to be a “habitual drunkard”
  • Youths under the legal drinking age, even if they weren’t visibly intoxicated

Private individuals or social event hosts who illegally sold or served alcohol to a person who is a minor or under the age limit can also be held liable for any injury or damage caused by the underaged youth.

Seeking Maximum Compensation for Your Personal Injury Claim

After an injury, financial uncertainty can feel just as overwhelming as the physical pain. But if an employer, company, or corporation shares liability, you shouldn’t have to fight alone to recover what you’re owed.

In many cases, businesses carry liability insurance policies that could provide victims with financial relief. If anything, the injured party’s insurance claim should cover any expenses incurred. However, insurance companies will try to minimize their payout.

A personal injury attorney can help you document every expense and handle negotiations with insurers. If an insurance claim does not fully cover all expenses, he or she can take your case to court to secure the compensation you deserve.

Why Vicarious Liability Matters for You

When negligence causes you injury, the ripple effects can be profound – impacting your health, finances, and future quality of life. Seeking fair financial compensation isn’t just about the medical bills. It’s about your future, your stability, and your right to accountability. No one should have to pay the price for someone else’s negligence.

If you are a personal injury victim or a loved one has suffered due to another’s negligence, don’t face the legal challenges alone – get the experienced legal representation you deserve.

Contact Hill & Moin LLP personal injury law attorneys to schedule a free consultation and review of your Personal Injury Recovery SolutionsⓇ. We are here to support you every step of your legal journey.

Don’t wonder about your rights!

The Role of Surveillance Footage in Strengthening Personal Injury Claims

March 31st, 2025 by

When an accident occurs in New York City – whether on a busy street or in a commercial building – having a visual record of the incident can make a real difference.

Video footage captures the events surrounding a personal injury incident without bias. Thus, CCTV and other forms of surveillance offer a dependable account of what happened. If you have experienced an injury from an accident, one way to strengthen your personal injury claim is by gathering footage from surveillance systems installed in public spaces or private properties.

In this discussion, we explain how video records can bolster your personal injury claims. Our firm treats every client like a family member, and we are here to help you piece together the details of your case with warmth and care.

The Value of Video Records

When an accident happens and a personal injury claim is made, conflicting statements from the victim and other parties involved may make it difficult to determine who is responsible for what happened.

However, video records can assist in determining who was responsible when different accounts exist. Surveillance cameras record the moment the event occurred and present a factual record that supports your claim.

Security camera footage gives the court or insurance company an account of the incident that is not distorted by individual memory. Whether the incident took place during a car accident, a slip-and-fall, or another type of mishap, a reliable video record can help establish the details needed for your case.

CCTV Footage and Personal Injury Lawsuits

CCTV systems are one form of surveillance footage commonly used in New York City. Commercial buildings, streets, and public areas often have surveillance cameras that record continuously.

This type of footage offers critical evidence in personal injury cases by showing the series of events leading up to an accident. It gives visual proof that can be used to help set the record straight when questions or conflicting accounts arise in personal injury lawsuits.

For example, if a slip-and-fall occurs in a retail establishment, the store’s security cameras might show conditions such as a wet floor or an area in need of maintenance. The video footage offers a way to compare what was said and done by each party involved in the accident. This can help settle disagreements about what occurred on the day of the accident.

Traffic cameras

Consider a scenario where two drivers dispute what occurred in a collision. The footage from a nearby traffic camera can show how the vehicles approached the intersection and where the impact occurred.

This visual record provides a basis for determining responsibility in the case. In a similar way, if you experience a fall in a public place, a recording from a security camera might reveal the condition of the floor and any warning signs that were absent.

Alternative Video Records

Beyond fixed CCTV systems, there is a variety of recording devices that capture events from unique viewpoints. These additional sources can bring new light to the details of an incident, when determining fault for what occurred.

Doorbell camera recordings

Modern doorbell cameras capture the happenings right at your doorstep. Such recordings might show what occurred outside your home or business immediately before an incident. The angles from these devices can offer perspectives that stationary surveillance cameras might miss.

Helmet and action camera footage

For those engaged in sports or activities where head or body-mounted cameras are used, helmet and action camera footage bring an energetic view of events. These devices capture fast-moving scenes from a personal point of view, offering details that can add depth to your account.

Cell phone videos, dashcam footage, and body cameras

In our connected age, many people record events on their cell phones. Likewise, body cameras – often worn by security personnel or peace officers – capture interactions as they happen.

Dashcams in vehicles record what unfolds on the road. These recordings document traffic conditions, sudden maneuvers, and collisions from the driver’s perspective. They contribute a perspective that can complement fixed camera footage and help build a fuller picture of the incident.

Bringing these diverse recordings together adds an extra layer to your case. Each source offers its own angle, enriching the overall record and giving decision-makers a more complete view of your accident.

Local Rules and the Use of Video Records in New York

Some may worry about privacy issues when it comes to using surveillance footage in a personal injury claim. In New York, rules govern how recordings are collected and their admissibility in court. Such rules balance the right of individuals to keep personal moments private with the need for factual evidence in injury claims.

The system that collects and stores surveillance recordings must follow these guidelines to protect the privacy of all involved while still allowing for an honest recount of events.

For example, there are laws that govern surveillance footage obtained by employers, as well as surveillance footage of residential property. By following established procedures, video recordings serve as a reliable account that supports your case.

At Hill & Moin LLP, our personal injury attorneys are familiar with the procedures required to request and use these records appropriately. We work with city agencies and property owners to obtain copies of footage that was captured at the time of an incident. Let us guide you through the legal process so that you have every available piece of crucial evidence on your side.

The Impact of Video Records on Your Claim

The visual record captured by surveillance systems does more than just document an event; it can help shape the entire case. When courts or insurers review such evidence, they gain insight into the sequence of events that occurred leading up to an accident.

Although no recording can undo the distress caused by an accident, it does offer a foundation upon which your claim can rest. So how can you go about gathering video evidence?

Here are some steps you might consider taking:

  • Take note of details: Jot down the time, date, and exact location where the incident took place. Write down any information that might help in locating the camera or recording system that captured the event. These details are useful when reaching out to property owners or local authorities.
  • Consult a caring legal team: A legal professional familiar with personal injury claims can advise you on how to request the recordings properly. He or she can also assist with any forms or official requests needed to access the video records.
  • Contact the property manager or local authorities: If the incident took place on private property, reach out to the owner or manager to ask if there is a surveillance system in place. For incidents on public roads, contact the relevant city department that manages traffic or public safety cameras. Ask whether there is any available video record from the time of your incident.
  • Ask about the retention period: Security recordings are typically kept for only a limited time. It is wise to ask how long the footage is stored so that you can arrange to obtain a copy as soon as possible.
  • Gather other evidence: Along with the video record, collect any additional documents such as photographs, witness accounts, and medical reports. These items together can form a strong case.

When the recordings are combined with witness statements, medical records, and other documents, they form a strong case that supports your claim. When you work with a Hill & Moin attorney, he or she can help you compile the right evidence so that your story is told in a complete and coherent manner.

Utilize Surveillance Footage Wisely: Contact Hill & Moin Today

We know that no accident is merely a set of facts on paper. From car accidents to falls, every incident affects the lives of real people and carries with it painful emotions and numerous challenges.

When you have a recording of the incident, it brings a level of detail that written accounts cannot match. It captures the motions, sounds, and conditions of the time, offering a tangible record that stands as a reminder of what really happened.

We encourage you to get in touch if you have questions about obtaining video records or are ready to pursue a personal injury claim after an accident. Our team is open to discuss your situation.

If we take on your case, we will guide you through each step of the legal process. Contact us today for your free consultation and learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!