Q: Can I claim compensation for a head injury on a NYC tour bus?

A: Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn passengers. Simply hitting your head on it, without more, is not the basis for a lawsuit, at least a successful one. You might have better luck seeking reimbursement through your travel insurance.

A: I'm sorry for your injury. Based on the brief facts, it doesn't sound like you'd be in a strong position to claim compensation. As my colleague correctly points out, there would need to be some basis for the bus operator being at fault. Your travel insurance, or if you have a regular healthcare insurer, might be the quickest routes for reimbursement. I hope you are okay and experience a quick recovery. Good luck

A: I’m sorry to hear about your injury and the ongoing headaches you’re experiencing. It’s understandably frustrating when an accident occurs during what should be an enjoyable experience. In New York, you may be able to claim compensation for a head injury that occurred on a tour bus, but there are several key factors that will determine whether you have a valid claim.

First, you need to establish that the tour bus company or its employees were negligent in some way that contributed to your injury. To succeed in a personal injury claim, you typically must prove that the tour bus company owed you a duty of care, breached that duty, and that the breach directly caused your injury. In this case, the bus company likely owed you a duty to operate the bus in a safe manner, which includes ensuring that the seating area and surroundings are free from hazards that could cause injury.

If the TV screen you hit your head on was positioned in an unsafe way, or if there was insufficient warning about the potential danger, you may have a valid claim for negligence. For example, if the TV screen was placed in a location where passengers are likely to bump into it, the company could be seen as failing to take reasonable steps to ensure passenger safety.

In addition, the fact that the bus driver was aware of the injury and provided first aid is important, but it doesn’t necessarily absolve the bus company of liability. The company may still be responsible if they failed to prevent the injury in the first place or if there was negligence in their policies or maintenance practices.

Regarding the CCTV footage, it could serve as valuable evidence to help determine what happened during the incident. You should contact the tour bus company and request that they preserve any relevant video footage. If the cameras were operational, the footage could confirm the circumstances of the accident and provide insight into whether there were any contributing factors that the company should have addressed. However, if the footage is not available or was not preserved, it might still be possible to proceed with your claim based on other evidence, such as witness testimony or the records you have already submitted.

In terms of seeking compensation, you mentioned that you’ve already submitted paperwork to the bus company and that you are seeking reimbursement through your travel insurance for medical expenses. If you are not satisfied with the response from the bus company or if the insurance company denies your claim, you may have the option to file a personal injury lawsuit. This would allow you to pursue compensation for medical bills, pain and suffering, and any other losses related to the injury.

It is important to act quickly, as New York has a statute of limitations that restricts how long you can wait before filing a lawsuit. In personal injury cases, the statute of limitations is generally three years from the date of the accident. You may want to consult with a personal injury attorney who can help you evaluate your options, negotiate with the insurance company or the tour bus company, and, if necessary, pursue legal action to secure compensation.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.