Around 2 million people use the New York City subway system on a daily basis and that's during regular hours. Due to the sheer size of the NYC subway system, accidents are unavoidable. Passengers suffer slip and fall accidents in the stations, on staircases, and on platforms.
At times, the Metropolitan Transit Authority (MTA) is at fault, especially when someone is injured due to their negligence. If you're in a situation like this, you may ask yourself: Can I sue the MTA for damages? The short answer is: Yes. However, there is important information to know.
When an injury like this happens, the New York slip and fall lawyers of Brandon J. Broderick, Attorney at Law, can assist victims in obtaining compensation for their injuries. Unfortunately, litigation against the MTA and other New York municipalities is not always easy. We are up for the challenge and have both the knowledge and expertise to bring forth a successful outcome.
NYC Subway Slip and Fall Accidents: When is the MTA Liable?
The MTA is responsible for maintaining a safe environment for its visitors, just like any property owner and manager. However, there are limits to their liability. For instance, let's say a New York City subway rider is hurt as a result of a crime or another intentional act. Because they were committing an illegal act or putting themself in harm's way intentionally, they will not be entitled to compensation. However, the MTA would be held accountable if they were aware of the conditions that led to the injury or had any influence over them.
These are specific examples, so if you have questions about the MTA's liability and if you can seek a claim against the agency, you should speak to a NYC personal injury attorney in a timely manner to determine your eligibility for compensation.
How To File a Successful Claim Against the MTA for a Subway Slip and Fall Injury
The MTA oversees a large number of subway stations, so the courts are aware that it's unreasonable to promptly correct all issues or hazardous situations. However, if you are able to prove that the MTA was aware of specific dangers prior to your accident, an injury claim against the agency will have a better chance of being successful. You want to prove that the MTA was aware, yet they did nothing to address it in a timely manner.
An attorney will look into an incident to see if:
- The MTA was made aware, in writing, of a specific danger more than 15 days before the accident.
- The MTA's workers or contractors made insufficient repairs, or left equipment or debris on pedestrian pathways.
- The MTA failed to take any action to tighten security or guarantee the safety of subway passengers despite being aware of frequent criminal activity at a certain stop.
The facts of the case will determine whether the accident victim has a chance to pursue damages. This is true for most personal injury cases, including slip and fall accidents.
What Damages Can You Recover in a Subway Slip and Fall?
Accident victims may be entitled to compensation if they can demonstrate that the MTA failed to take action to stop the accident or warn travelers about potential dangers. This could involve both current and future medical costs, rehabilitation fees, lost income, and even pain and suffering.
Because of the potential to collect sizable compensation, the MTA may attempt to settle your claim swiftly by offering to pay for only the most recent medical costs. Before accepting any settlement offers, victims of subway accidents should always speak with a slip and fall lawyer to ensure that they are obtaining all of the compensation to which they are legally entitled.
Call Brandon J. Broderick Now For A Free Consultation
We can assist if you have been hurt in a slip and fall accident in a New York City subway station. To ensure that you do not miss your chance to obtain the compensation you are entitled to, get in touch with our New York personal injury attorneys as soon as you can.
Our team is ready to help you. Call us for a free consultation or to learn more about the services we offer.