You might be considering contacting a New York premises liability lawyer if your tourist trip to the Big Apple has taken an unexpected turn. You came to see New York City’s endless sights and create lasting memories, but someone else’s negligence has led to you sustaining an injury. Whether you slipped on an icy hotel sidewalk, tripped over broken stairs in a rental property, or fell at a crowded tourist attraction, a premises liability attorney in New York can help you understand your legal rights as a visitor to the area.
The same fundamental legal protections for New York residents apply to tourists who are injured on someone else’s property in the state. Even so, understanding premises liability for injured tourists can help you protect your rights. Below, Ross & Hill discusses a tourist’s options if they have suffered an injury while visiting New York.
What Premises Liability Law Means for Tourists
Learning what premises liability is can help you understand your rights, especially if you are a tourist. For example, the premises liability laws in New York hold property owners responsible for maintaining safe conditions. They must inspect their premises regularly, identify hazards, and either fix dangerous conditions or warn visitors.
When an owner fails in these duties, and someone gets hurt on the property, they may face legal liability.
Common Types of Premises Liability for Injured Tourists
Understanding liability after tourist accidents starts with confirmation that your visitor status in New York State does not diminish your rights. In addition, it’s important to know that tourist injury claims in New York may arise from various situations, such as:
- Food poisoning
- Injuries from falling objects
- Dog bites
Hotels and rentals may risk inadequate security, malfunctioning elevators, poorly maintained pools, or defective fixtures, while tourist destinations may mean poor crowd control, slippery restaurant floors without signage, or hazardous, unmarked steps. According to the New York City Comptroller’s Annual Claims Report for 2023, New York’s sidewalk claims and judgments cost the city just less than $53.5 million. Slip-and-fall accidents are quite common on wet floors, icy sidewalks, or uneven surfaces.
Your Legal Rights in New York as an Injured Visitor
Typically, state law does not distinguish between residents’ and tourists’ safety on a property in New York. Your New York premises liability lawyer can explain why these legal rights for injured visitors fall under premises liability law.
According to the Centers for Disease Control and Prevention, 47,026 people died from unintentional falls in 2023. Falls were the third-leading cause of accidental deaths in the United States during this period.
When you are invited for business purposes, like being a hotel guest, the property’s owner owes you the highest duty of care. They must fix problems promptly and warn you about potential hazards. If you were to fall or slip on the property and sustain an injury, you might make a claim regarding medical expenses, lost wages, pain and suffering, or even disability.
Work With a New York Premises Liability Law Firm and Take These Steps After an Injury on Property
According to the National Safety Council, more than 8.8 million people were treated in emergency rooms for fall-related injuries in 2023. Even if the injury seems minor, your New York premises liability lawyer will advise you to seek immediate medical attention and retain the paper trail. You should also report the incident to the property owner as soon as possible and request a copy of the document.
Whether you’re a New York resident or a tourist, the next steps after an injury would be to gather evidence by photographing the hazardous condition, the surrounding area, and visible injuries and collecting the witnesses’ contact information. Document everything so that your premises liability accident lawyer in New York can begin building your case.
A premises liability law firm experienced with tourist cases can better understand your unique challenges, especially if you opt to manage your case remotely. A local attorney might be able to review footage, interview witnesses, and look for evidence of negligence. They can typically handle all communication with insurance companies, as well.
Understanding New York’s Time Limitations and How Comparative Negligence Affects Your Claim
The time limits for filing premises liability lawsuits in New York are strict. Generally, you have three years from the accident date, but the window might be much narrower if your injury is on government property. Your New York premises liability lawyer will likely advise you to file a notice of claim within 90 days of your accident and, especially with government property, file a lawsuit within one year.
New York follows a pure comparative negligence rule, so while you can still recover compensation even if you are partially at fault, the judge may reduce your potential payout. For instance, the insurance company may argue that you weren’t paying attention or wore inappropriate footwear when you sustained your injury on the property. Your attorney might then counter these arguments by demonstrating that the owner’s negligence primarily caused your injuries.
What a Premises Liability Attorney in New York Might Advise Regarding Your Claim
Tourist injury claims in New York can cover economic and non-economic damages.
Economic damages may include financial losses, such as:
- Emergency care, hospital stays, surgeries, and rehabilitation
- Lost wages from your missed time at work during or after your trip
- Travel expenses related to your treatment in New York
- Property damage during the accident
Non-economic damages look at intangible impacts like emotional distress or loss of enjoyment of life.
Ross & Hill: Your Advocates After a Tourist Injury
Understanding the many circumstances of a premises liability angle can inform your process and help you gather the evidence you need to present a strong case. Don’t let an injury ruin your memories of New York or leave you with mounting medical bills without recourse.
If you’d like to speak with a New York premises liability lawyer, you can contact Ross & Hill at (646) 351-6222 anytime to discuss your case.
