Slip-and-Fall on Public Transportation in NYC: Can You Sue the MTA?
Slip-and-Fall on Public Transportation in NYC: Can You Sue the MTA?
Navigating the bustling streets and subway stations of New York City can be exhilarating, but it is not without risk. You might find yourself boarding a messy subway platform or squeezing through a crush of people to find a seat on a swaying bus. The hazards of crowded platforms, wet floors, and uneven surfaces could lead to unexpected injuries.
Each year, subway and bus passengers slip and fall while using public transportation in New York. Severe injuries can significantly impact a victim’s health, finances, and psychological well-being. If you were injured amidst the chaos of your commute, you need to know your rights and who should be held liable.
Seeking legal guidance from a knowledgeable MTA accident lawyer can make a life-changing difference in your pursuit of justice and compensation. At Hill & Moin, our attorneys offer skilled representation and support as if our clients were our own family members.
Don’t delay – reach out to our trusted team of New York City lawyers today to discuss your case. Learn how to hold negligent parties accountable and secure the accident compensation you deserve during your free consultation. Call (212) 668-6000 to schedule your appointment at your earliest convenience.
Understanding the Risks of Metropolitan Transportation Authority Rides
New York City’s Metropolitan Transportation Authority (MTA) is an efficient and accessible mode of transport for some 15.3 million people with a network spreading 5,000 square miles. Yet, riders must be aware of potential hazards.
The sheer volume of commuters and the fast-paced nature of urban transit contribute to an environment where MTA accidents could occur. The following section will discuss some factors that could lead to injury.
Sudden stops
The Metropolitan Transportation Authority (MTA) has traffic laws for its trains, which are established for safety reasons. Specific regulations vary depending on the type of track, the characteristics of the train model, and other factors like the surrounding environment.
Speed limits are typically enforced through signaling systems and other safety mechanisms to ensure that New York trains travel at a safe velocity and maintain sufficient braking distances.
Abrupt deceleration on commuter rail cars can make it difficult for passengers to maintain balance, especially during congested peak hours. If your injuries resulted from a preventable fall incident, you should consult an experienced personal injury attorney to learn how to recover damages from the responsible party.
Slippery surfaces
The MTA must be held responsible for taking proper precautions to reduce accident risk, such as by:
- Maintaining clean, orderly, and sanitary conditions
- Keeping floors dry as much as possible, aided by floor mats, drainage systems, and other preventative measures
- Warning others about potential slip hazards (e.g., Wet floor signs)
- Providing adequate training for each MTA employee and bus driver according to OSHA regulations
- Providing proper footwear with nonslip soles for employees if necessary
- Inspecting public transportation walkways and vehicles regularly
- Correcting potential slip hazards promptly
- Ensuring the supervisory or maintenance personnel are adequately qualified to perform their work duties
Slick train platforms, for example, could significantly increase the risk of slip-and-fall accidents. Leaks and spills could cause a passenger’s footing to become unstable, especially on crowded subway platforms where people are hurrying past each other. Inclement weather like rain, ice, snow, or even routine cleaning routines can also make the subway station floors slippery and dangerous.
If you were hurt by the MTA, an experienced legal counsel can prepare a notice of claim. This formal written statement must be filed with a government agency by the individual intending to bring legal action against them. In many jurisdictions, filing a notice of claim is a prerequisite to initiating a lawsuit. The claim informs the MTA of the potential legal action and allows them to investigate and resolve the matter before litigation.
Uneven surfaces and poorly maintained infrastructure
The walking areas of MTA property should be free of hazards, which could include:
- Protruding objects
- Loose boards, carpet, or railings
- Missing railings or signage
- Cracked sidewalks
- Broken stairs
For New York passengers with mobility challenges or those rushing to catch their train or bus, navigating obstacles at a bus or subway station can be particularly hazardous. Slip-and-fall accidents can result in a wide range of injuries, varying in severity depending on factors such as the height of the fall, the surface landed on, and the age and health of the individual.
Here is a list of common injuries caused by unsafe conditions:
- Fractures, often of the wrist, arm, hip, leg, or ankle
- Sprains and strains
- Head trauma, such as concussions or traumatic brain injuries
- Back and spinal cord damage leading to chronic pain, paralysis, or other neurological deficits
- Cuts, abrasions, and bruises
- Internal organ damage or bleeding
A severe accident could also result in psychological trauma, including fear of falling, anxiety, depression, and post-traumatic stress disorder (PTSD). In rare cases, MTA accidents can be fatal, particularly if the individual falls from a significant height or sustains severe injuries.
Seeking medical attention promptly after a public transportation slip-and-fall accident is crucial. Even if injuries initially appear minor, some may worsen over time if left untreated. Additionally, to recover compensation in New York courts, documenting your injuries will strengthen your case against the MTA.
Determining Liability for New York City Transit Authority (NYCTA) Accidents
Negligence refers to the failure to exercise reasonable care like a prudent person in similar circumstances. In the context of an MTA transportation accident, negligence could encompass actions or inactions that contributed to dangerous conditions or failed to address known hazards.
Key elements in proving negligence in an MTA lawsuit could include:
- Duty of care: Demonstrating that the NYCTA owed a duty of care to passengers and visitors to maintain safe premises and exercise reasonable care to prevent accidents on MTA property
- Breach of duty: Providing evidence that the NYCTA breached its duty of care through acts of negligence, such as MTA’s failure to address reported hazards, poor maintenance, or insufficient staff training on public transportation vehicles and MTA property
- Causation: Establishing a causal connection between the NYCTA’s breach of duty and the plaintiff’s injuries, demonstrating that MTA’s negligence directly contributed to the accident and resulting harm
- Damages: Documenting the extent of the plaintiff’s injuries, including medical expenses, lost wages, pain and suffering, and other accident damages
Suppose the negligence of a government entity like the New York Transit Authority or a corporation under its oversight (such as the MTA) contributes to hazardous conditions. In that case, they can be held liable for their wrongful actions.
Initiating an MTA Personal Injury Lawsuit
If you pursue compensation from a public authority, you will likely be challenged by the legal complexities of dealing with a government agency. MTA personal injury lawsuits may involve various parties, including bus drivers and the bus company itself, further complicating matters. Victims of MTA accidents must act swiftly to gather evidence and meet filing deadlines, as personal injury lawsuits have specific time limitations in New York.
Instead of trying to sue MTA Transportation on your own, why not enlist the assistance of a knowledgeable personal injury attorney? By collaborating with a skilled team experienced in handling personal injury cases against governmental entities like the MTA, injured individuals can assert their rights effectively and pursue fair compensation for their injuries, medical bills, and other losses incurred due to negligence within the MTA transportation system.
Going before a judge and jury is not always necessary. Satisfied Hill & Moin clients appreciate the valuable guidance and strong advocacy our knowledgeable personal injury lawyers provide, whether their personal injury case is settled in or out of the New York court system.
You might have many questions. Our experienced attorneys understand your concerns, and we would like to address these. Our law firm wants to make it easy and affordable for you to learn if you qualify for a New York personal injury lawsuit.
Explore Legal Options in Your Free Consultation
What will happen in your initial meeting with our personal injury attorneys? Knowing ahead of time can put your mind at ease.
First, we want to hear about your experience with the Metropolitan Transportation Authority (MTA). What events or MTA property conditions caused you to suffer injuries? After listening to your story, our legal team can identify the liable parties and start the process to ensure they are held responsible if you qualify to sue the MTA.
Your safety matters on MTA transportation, and you have the right to seek compensation for injuries sustained due to negligence.Take the first step towards reclaiming your peace of mind and protecting your future with proven Personal Injury Recovery SolutionsⓇ. Contact us now at (212) 668-6000 and take control of your legal journey.
Don’t wonder about your rights!