Tourist and Hotel Injury Cases

Out-of-State Tourists Are Protected by New York Law

According to Michael Joseph, anyone injured in New York—whether they live there or not—is entitled to the same legal protections.

“New York’s laws don’t discriminate,” he explains. “If you’re hurt while visiting, you have the same rights as any New Yorker.”

Visitors hurt in car accidents, slip and falls, or unsafe hotel conditions can file claims and receive benefits just like residents. That includes medical benefits, lost wages, and personal injury compensation.

Joseph emphasizes the importance of acting quickly. In cases involving vehicle accidents, victims have only 30 days to file a no-fault insurance application for medical coverage and wage loss. His firm often assists out-of-state clients virtually, making the process easier for people who have already returned home.

Common Injuries Tourists Face in New York City

Some of the most frequent injuries tourists experience in New York include:

• Pedestrian accidents caused by reckless or inattentive drivers.
• Trip-and-fall injuries from cracked sidewalks or uneven pavement.
• Falls inside hotels or restaurants due to poor lighting or unsafe design.
• Slips on snow and ice outside buildings or at transit stations during winter.

Joseph notes that these incidents happen frequently because visitors are often looking up at skyscrapers or attractions rather than watching their step. “You might be sightseeing or walking in a crowd,” he says, “and the ground conditions in New York aren’t always well maintained.”

He adds that commercial building owners are legally required to maintain safe sidewalks and floors. “If you trip because a property owner didn’t fix a hazard, they can be held responsible,” Joseph explains. “And if the fall happens in front of a city-owned property, there are strict deadlines for filing a claim.”

Filing Deadlines and Notice of Claim Requirements

For accidents involving city or state entities—such as the New York City Transit Authority or public properties—injured individuals must file a Notice of Claim within 90 days.

Joseph calls this deadline “draconian but non-negotiable.”

“If you get hurt and wait too long, you could lose your right to sue,” he warns. “That’s why you should contact a New York attorney immediately. The process is bureaucratic and complex, especially for someone who lives out of state.”

He also recommends that tourists take photos of the exact location where the injury occurred, noting the storefront, building number, or nearby landmarks. “Ten feet can make the difference between suing a private business or the city itself,” he says.

Determining Responsibility in Hotel and Airbnb Accidents

Hotel injury cases can become complicated because many hotels use out-of-state management companies or franchise operators. To determine who’s legally responsible, Joseph’s firm often examines receipts, permits, and business licenses to trace ownership and management.

The same rules apply to Airbnb or short-term rental properties.

 “Anyone renting out a property—even temporarily—must maintain safe conditions,” Joseph explains. “That includes solid handrails, stable floors, proper lighting, and safe electrical systems. If a guest gets hurt because something wasn’t maintained, they can bring a claim.”

Using Online Reviews as Evidence

In hotel and lodging cases, public reviews can become powerful evidence.

 Joseph explains that his team has successfully used TripAdvisor, Google, and Travelocity reviews to show that hotels were aware of safety or cleanliness issues—such as bedbug infestations or slip hazards—long before an incident occurred.

“When you see multiple complaints about the same problem, it proves the business knew and didn’t fix it,” he says. “That kind of documentation can make or break a case.”

Sightseeing Buses, Ferries, and Guided Tours

Many tourists explore New York through sightseeing buses, ferries, and guided tours, but accidents can occur there too.

Joseph notes that most sightseeing buses are privately owned and must follow vehicle and traffic laws. “If a bus crashes or hits a pedestrian, the company can be sued like any other driver,” he says.

Maritime accidents fall under federal maritime law, which requires boats and ferries to meet strict safety standards—including non-skid flooring and proper maintenance to prevent falls. The City of New York operates many ferries, and injured passengers may need to file a Notice of Claim within 90 days.

Comparative Fault in Tourist Injury Cases

When visitors are injured while distracted—such as taking photos or sightseeing—defendants often argue that the victim was partly at fault. Joseph explains that New York follows a comparative negligence rule, which divides responsibility between both parties.

“If someone is 50% at fault for not paying attention, they can still recover 50% of the damages,” he says. “New York has one of the most liberal comparative fault systems in the country.”

Medical and Insurance Challenges for Out-of-State Clients

For tourists, medical billing can add another layer of difficulty.

 In motor vehicle accidents, injured individuals must file a no-fault claim with the vehicle’s insurance company within 30 days. However, out-of-state doctors often don’t understand New York’s billing process, which can delay treatment or lead to unpaid medical bills.

“If your doctor doesn’t know how to handle no-fault billing, we step in to resolve it,” Joseph says. “That’s part of why having a New York attorney makes a difference.”

Sidewalk Accidents and Property Owner Liability

If someone trips and falls on a New York sidewalk, determining liability depends on where the accident occurred.

 Under New York City Administrative Code, the owner of the adjacent commercial property—not the city—is usually responsible for maintaining the sidewalk.

However, if the sidewalk is next to a park, school, or city-owned building, the city or agency must maintain it, and a Notice of Claim must be filed.

Joseph advises taking photos of the defect and surrounding area immediately after the fall. “Even if you’re in front of a big building, it could belong to the Transit Authority or the Department of Education,” he explains. “Knowing who owns it early can make or break your case.”

Final Thoughts

Accidents involving tourists in New York can be complex, but with the right legal guidance, victims can still recover full compensation. Attorney Michael Joseph emphasizes the importance of acting fast, preserving evidence, and working with an attorney who understands both local and out-of-state logistics.

For more information or to get help after an accident while visiting New York, visit newyorktriallawyers.org to learn more about your legal options.