Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can a tourist sue for a personal injury in New York?
Yes. If you were injured in New York as a visitor, you have the same right to file a personal injury claim as a NY resident. New York courts have jurisdiction over accidents that occur within the state, regardless of where the injured person lives or is from.
What is the statute of limitations for a tourist injured in New York?
New York’s statute of limitations for most personal injury claims is three years from the date of the accident under CPLR §214. This deadline applies to tourists the same as residents. Missing it typically bars your claim permanently, so you should consult an attorney as soon as possible.
How does New York’s comparative negligence law affect a tourist’s claim?
New York follows a pure comparative negligence rule (CPLR §1411), meaning you can recover damages even if you were partly at fault. Your compensation is simply reduced by your percentage of fault. For example, if you are found 20% at fault, you recover 80% of your total damages.
Does it matter if the tourist is from another country?
No. International visitors injured in New York have the same right to bring a personal injury lawsuit in NY courts as anyone else. However, practical considerations like gathering out-of-state evidence, working with foreign witnesses, and coordinating across time zones make it especially important to hire an experienced NY personal injury attorney early.