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We know that mass transit in New York City isn’t always the most fun way to get around town. Everyone has a story or two about watching a fight break out or how an issue caused annoying delays. Delays can be a real annoyance, but a public transportation injury is far worse.
Sometimes, however, hazards on the subway are more than just annoying or frustrating – they can cause serious injury. If you slip and fall on public transportation, for example, you may end up with serious medical bills.
But then you see stories about individuals who have won millions of dollars after suing the MTA or the NYC Transit Authority for their injuries. Is it really that easy? Is it worth the trouble of filing a claim?
What are your options if you do get injured on a bus or train?
One thing to keep in mind: it’s not easy to sue the City of New York, NYC Transit Authority, or Metropolitan Transportation Authority. They have lots of resources, and have been able to pass legislation that prevents them from lawsuits.
However, it is still possible to file a lawsuit under premises liability and personal injury in our state.
If you sustained a public transportation injury due to the unsafe conditions or negligence, you can sue under premises liability laws.
For example, if you were injured on the subway due to a hole in the ground or because of a broken seat, you may be able to sue for damages. The MTA and NYCTA have a responsibility to their passengers to provide a safe environment. If they fail to maintain that safe environment or do not warn people of issues, they are liable. This includes incidents involving construction in or around train or bus stations.
But a simple spill or broken step is not enough for a claim against MTA or NYCTA. Be sure to consult a lawyer to see how strong your case is before filing a claim.
If you are injured in a motor vehicle accident that involves the MTA or NYCTA, there are important requirements necessary for filing a lawsuit.
The New York City Comptroller has specific forms to file for property and bodily injury from MTA or NYCTA negligence. This document is called a Notice of Claim. In this form, you will need witness details, information about your vehicle, the NYC vehicle, and other important information. The Notice of Claim must be filed within 90 days of the incident. If you fail to file this important document within 90 days, you may lose your right to file a claim.
In New York, the jury decides fault and any compensation awarded in auto accident cases. Preserve as much witness testimony and photographic evidence as you can to effectively prove to that the MTA or NYCTA driver or vehicle was at fault in your accident.
Not all situations fit into the slip and fall or auto accident category. If you would like more information about whether you have a case against NYC, NYCTA, MTA, or any other party who is responsible for your personal injuries, contact us today.
Due to the time limit for filing a personal injury or auto accident claim, do not delay. Begin the process now before the statute of limitations runs out.
About the Author:
Donna Fafinski has been an attorney since 1990, and has devoted her professional career to helping clients navigate through the complex world of medical malpractice and general liability cases. Ms. Fafinski is a compassionate attorney who works tirelessly to help clients during those times when they need help most.
