What Happens When Tourists Are Injured in New York?

Tourists Flock to New York

In 2022, New York State welcomed 291.5 million tourists, and in 2023, over 62 million people visited New York City alone. These tourists come from around the world and all around the U.S. for vacations, events, and business.

What’s not on their itinerary? Being injured in an accident due to negligence.

What Happens When a Tourist Is Injured?

Unfortunately, accidents can happen even during the most meticulously planned vacations. Tourists are not without options if they are unfortunate enough to experience an injury during their travels.

Legal principles like negligence and premises liability apply equally to visitors, allowing them to seek compensation for damages incurred due to someone else's fault. This can encompass medical expenses, lost wages, and even pain and suffering.

The key to a successful personal injury claim for a tourist lies in establishing negligence. This means demonstrating that a party owed a duty of care, breached that duty by acting unreasonably, and that the breach caused the tourist's injury.

In the context of tourism, this duty of care could be incumbent upon a hotel, tour operator, or even a local municipality. If, for instance, a hotel maintains a swimming pool with a broken diving board and a tourist sustains an injury from using it, the hotel might be deemed negligent.

Common Tourist Accidents

Tourists can be injured in any number of accidents, including:

What to Do If You’re Injured While Visiting New York

If you find yourself injured while visiting New York, staying calm and taking the following steps can help ensure you receive the proper care and protect your rights:

Seek medical care immediately. Your health is the top priority. Even if your injuries seem minor, don't hesitate to visit a local urgent care center or emergency room. Prompt medical attention establishes a clear record of your injuries and ensures you receive any necessary treatment.
Report the accident. Depending on the situation, this may involve calling 911 for the police if the accident involved a vehicle or a crime. If you're injured on public or private property, report the incident to a security guard, manager, or responsible party. Be sure to obtain a copy of the accident report for your records.
Gather supporting evidence. Document the scene of the accident by taking photos or videos of the location, your injuries (if possible), and any hazardous conditions that may have contributed to your fall or accident. If there were witnesses, collect their contact information for potential future statements.
Keep detailed records. Throughout your recovery, maintain copies of all medical bills, receipts for medications, and any documentation related to lost wages or travel changes due to your injury. This paperwork will be crucial if you decide to pursue compensation for your damages.
Consider legal counsel. An experienced personal injury lawyer will be familiar with New York laws and can advise you on your legal options, especially if your injury was caused by someone else's negligence. They can handle filing a claim and working to build a case that helps you receive fair compensation for your lost wages, property damage, medical expenses, and pain and suffering.

By following these steps, you can take control of the situation and work towards a smooth recovery. Remember, even if you're not a resident of New York, you still have the right to seek compensation for your injuries if someone else's negligence was involved.

Take Action As Soon As Possible

It is important to note that you should contact an attorney sooner rather than later. While having to consult with an attorney can further throw off your vacation plans, you should know and discuss your options immediately. You should also be aware that there is a statute of limitations for filing injury claims in New York.

You have three years from the date of the accident to file a claim. While the statute of limitations in New York may seem like a significant timeframe, initiating a personal injury claim sooner rather than later offers distinct advantages.

Witness memories can fade over time, making it more challenging to secure their testimony. Additionally, crucial evidence, like surveillance footage or property damage, may be lost or overwritten. Early action allows for a more thorough investigation and strengthens the foundation of your case.

Get Counsel

At Belushin Law Firm, P.C., we understand that dealing with an injury while away from home can be incredibly stressful. If you or a loved one has been injured while visiting New York, our dedicated team is here to help.

When you retain our team, we can take charge of your case so you can focus on your recovery and the remainder of your vacation. Even after you return home, our commitment to your case doesn't end. We keep you up-to-date on every development, providing regular updates and maintaining clear communication so you always know where your case stands.

Request a case consultation by calling (888) 918-9890.