Tourist-Related Injuries
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Vacations are meant to be idyllic periods of rest, relaxation, fun and perhaps even adventure. But unfortunately, personal injury risks don’t take vacations. This applies equally to people visiting the Buffalo-Niagara region, as well as Western New Yorkers traveling outside the area. Each year, approximately 8 million people visit the American portion of Niagara Falls.[1] And as Buffalo has reemerged in recent years as a dynamic metropolitan area, the city’s tourism numbers have correspondingly increased.[2]
While on vacation, people are naturally inclined to go places they’ve never been and do things they’ve never done. Therefore, what truly characterizes “tourism-related” injuries aren’t necessarily the mode or conduct through which the injuries occur, but the novelty of the surroundings that make such injuries more likely to occur in the first place. The most common tourist-related accidents take place during activities that most tourists normally engage in – for example, visiting parks and museums, taking boat or bus tours, eating at restaurants, or in traveling to and from such locations.
[1] http://www.niagara-gazette.com/community_update/counting-on-million-annual-visitors-to-niagara-falls/article_f4f269a9-3e68-5e85-8051-a7309bbe7895.html
[2] https://issuu.com/visitbuffaloniagara/docs/vbn-annual-report-2016
Since the law imposes venue and jurisdictional requirements (i.e., where and in what court you can file your case), if you are injured while visiting Western New York, it is very likely that you will need to file your case in either Erie or Niagara counties. At the very least, you will need an attorney who is licensed to practice in New York state. Suffering an injury is frightening and stressful, especially when you’re far from home. The attorneys at Campbell & Associates have helped many out-of-state visitors who found themselves in such circumstances. If possible, we would be glad to help you too. Call us at 716-992-2222 for a free consultation.
Kiewitz v. Mullarkey (S.D.N.Y. 2015) – Plaintiff, a German tourist in NYC, was standing on the sidewalk when Defendant driver lost control of their vehicle and mounted the sidewalk, striking Plaintiff. Plaintiff suffered multiple broken bones which required extensive surgery before she was able to return to Germany. The case settled prior to trial for $1,800,000.
Mionis v. 920 5th Ave. Corp. (N.Y. Sup. 2008) – Plaintiff, a 65-year-old Greek woman vacationing in New York City, fell and broke her wrist after tripping over a negligently-placed, partially obscured flagstone. The case settled prior to trial for $750,000.
Eilers v. Howe Caverns, Inc. (N.Y. Sup. 2010) – Plaintiff was visiting Howe Caverns, a popular central-New York tourist attraction with caves and an underground lake, when she was inadvertently struck in the back with an oar. She suffered a disc herniation at L3-4. The case settled prior to trial for $100,000 cash and a structured disbursement of $50,000 over 25 years.
Our firm recognizes the difficulties that injured clients face, financially and physically. When you team up with us, you will not only have an attorney working with you side by side but you will also have a strong legal ally and advocate. We genuinely care about the outcome of your case, and we do everything in our power to help you secure a positive case result. To discuss your options, call us at 716-992-2222 or fill out our contact form.
