NYC Public Transportation Accidents
The NYC slip & fall lawyers of David Resnick & Associates, P.C., have worked with many people injured in falls while using public transportation in Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City. We are an experienced premises liability law firm and we understand New York’s laws surrounding personal injury claims, such as NYC public transportation accidents.
If you have been seriously injured in a slip and fall on New York City’s public transportation, including trains, subways, ferries or buses, our NY transit system injury attorneys have the experience to assess your situation to determine whether negligence was to blame – and, if so, to seek the compensation you are entitled to for your losses.
Please call us today or contact us online to discuss pursuing a claim. Our Manhattan-based lawyers and staff provide one-on-one attention to clients in English and Spanish.
Slip, Trip and Fall Accidents on New York City Public Transit
A safety manager for New York City’s Transit system recently said 75 percent of all customer accidents in NYC subways are slips, trips and falls. They are most common on stairs and on and around escalators at stations and platforms.
More slip and fall accidents occur on subway trains, particularly as they accelerate to leave a station or brake upon arrival at their destination.
The same can be said for ferries and buses running routes for NYC’s MTA (Metropolitan Transportation Authority).
In the crush of commuters rushing to catch a train, ferry or bus on sidewalks and through tunnel corridors, or stepping up and onto stairs, escalators and platforms, it is easy for anyone to slip or trip and fall due to a hazard that should not exist.
Throughout the five boroughs of New York City, slip and fall accidents occur as people access public transportation because of:
Potholes, depressions and cracks in sidewalks and subway tunnel entrances
Raised sidewalk grating near stops
Sidewalk vaults and defective access panels
Improper snow and ice removal near bus stops and subway entrances
Escalators and elevators that operate improperly, such as stopping or starting abruptly
Poorly maintained platform surfaces
Poorly maintained pipes and fixtures that leak water or other slippery liquids
Inadequate lighting in tunnels
Poor signage around platforms
If you have fallen and been injured using New York public transportation, including trains, subways, ferries or buses, you may be able to obtain compensation for your losses associated with the injury you sustained. This could include money for:
- Medical bills
- Lost income during recovery or due to being disabled by the accident
- Pain, suffering, and mental anguish
Personal injury claims against New York City’s MTA are difficult cases. The City of New York has adopted laws that protect its mass transportation system, which is responsible for moving some 11 million people a day.
However, valid slip and fall claims against the NYC public transportation system can be successful. The New York personal injury attorneys of David Resnick & Associates, P.C., can assess your potential for a successful claim and, if the evidence is in your favor, fight for the maximum amount of compensation available to you.
Do You Have A Slip And Fall Claim Against New York’S MTA?
At David Resnick & Associates, P.C., we have seen the types of injuries you are likely to have suffered in a slip, trip and fall while catching a bus, train or ferry in New York City. They include:
- Head injuries
- Concussions and traumatic brain injury (TBI)
- Broken backs and slipped disks
- Broken hip
- Broken pelvis
- Shoulder injuries
- Torn tendons and ligaments in legs, knees, feet and wrists
- Painful sprains and strains
- Cuts and bruises (lacerations and contusions)
Slip and fall injuries may cause long-term or permanent disability that includes chronic pain, loss of mobility, and memory and cognitive impairment. For some, a falling accident leads to their death.
These types of injuries prove to be costly in terms of money and personal loss. Under New York premises liability law, individuals who have been injured or lost a family member due to another entity’s negligence may seek compensation through a personal injury claim, including in NYC public transportation accidents.
However, obtaining compensation can be complex when you are dealing with city and state transportation authorities. You will need the counsel of an attorney experienced with NY personal injury, premises liability and public transportation law, like ours at David Resnick & Associates, P.C.
What’S Required In A Slip And Fall Lawsuit Against The MTA?
A successful MTA slip and fall claim must demonstrate that the MTA’s negligence allowed a hazard to exist, and that that hazard caused the accident and injury. But, because of specific laws protecting the MTA, an MTA lawsuit must also:
- Demonstrate that the agency received written notice of the hazard at least 15 days before the accident.
By law, property owners must mitigate hazards, but are given a reasonable amount of time to discover and resolve the problem. But for governmental agencies to be held liable, they must have received written notice of a hazard at least 15 days prior to an accident.
The “written notice” defense is not usable if the MTA created an unreasonably dangerous situation that caused an accident, such as during construction or by doing faulty repair work.
- Show the MTA did not act within a reasonable amount of time to mitigate the hazard.
After receiving written notice that a hazard exists, the MTA is then allowed a reasonable amount of time to resolve the problem. This is fair and proper. The NYC subway system operates about 470 stations. Even with its large maintenance staff, it’s impossible for the MTA to correct every potential hazard immediately.
But what stands as a “reasonable” amount of time to have corrected a slip and fall hazard is open to argument. This is where it is extremely helpful to have an experienced slip and fall accident lawyer on your side who knows how to gather evidence and persuasively argue a case.
- Take action within strict deadlines, including a notice of claim within 90 days of an accident or the appearance of symptoms caused by an accident.
This seems simple enough, but there’s a potential catch. It may turn out that the MTA is not responsible for the accident. For example, a contractor may have caused the hazard that you tripped over and fell. But because you have named the MTA as the defendant in your potential lawsuit, your claim can be dismissed.
Here, again, an experienced slip and fall accident attorney, like ours at David Resnick & Associates, P.C., can quickly and accurately investigate your accident to ensure you file a valid claim — and notice of claim — from the start.
But there’s more. Once you file notice of a claim, the MTA has 30 days to investigate your allegations. You cannot file your actual lawsuit against the MTA until these 30 days are up.
And there’s even more. While New York State’s statute of limitations allows injured people three years to file a slip and fall lawsuit against a private citizen or business, you have only 1 year and 90 days after your accident to sue the MTA or another governmental agency.
Suing the Metropolitan Transit Authority requires a well-prepared case and a public transportation lawyer familiar with state premises liability and transportation law. The New York slip and fall accident attorneys at David Resnick & Associates, P.C., have the knowledge and experience necessary to prepare an effective legal argument on your behalf.
Contact Our Nyc Public Transportation Slip And Fall Accident Lawyers
If you have slipped or tripped and fallen, and been seriously injured while using New York public transportation, including trains, subways, ferries or buses, you may be able to obtain compensation for your medical costs and other losses.
David Resnick & Associates, P.C., can assist and advise you after a public transportation accident in New York City, which includes Manhattan, Queens, Brooklyn, Staten Island, and the Bronx<. We understand what evidence and testimony will be needed in a case involving the MTA, and we know how to protect your rights even as the city puts its financial interests ahead of yours.
If you or someone you love has been injured in a slip and fall accident on a NY train, subway, ferry or bus, or at a public transportation station, contact the premises liability attorneys of David Resnick & Associates, P.C., today by phone or contact us online.