What Happens If I Slip and Fall on a Wet Subway Platform?
Subways in New York City transport over 11 million people annually, making them an important part of many New Yorkers’ daily lives. There have been numerous accidents in which someone slips and falls on the subway floor due to liquids on the walking surfaces (platforms, stairs, landings, etc.), defects on those surfaces or improperly managed stations. With over 660 miles of track to maintain, along with all the subway stations themselves, falls can and do occur. If you are injured in a slip and fall accident in a subway station, there are certain things you should know.
Who Is At Fault?
The New York City Transit Authority has a non-delegable responsibility to maintain any stairway primarily used by its passengers as a means of approaching its subway in a reasonably safe condition and to warn of any unsafe conditions. This was first set forth in the case of Bingham v. New York City Tr. Auth., and most recently confirmed in 2016 in the case of Lee v. NYCTA. In order to receive any monetary compensation for your slip and fall accident, you must find out and prove who was at fault. Determining who is at fault depends entirely on the circumstances surrounding your accident. It could be the conductor’s fault, the transit authority, or even the fault of another passenger. Once you can conclude who was at fault, you can then pursue your claim for damages against the responsible party.
Many New Yorkers believe that any accident in a subway station is the fault of the MTA because the accident occurred on MTA property. However, these accidents are generally the fault of the New York City Transit Authority and not the MTA. Some accidents may be out of the control of the NYCTA, such as injuries due to construction being done in a station, falls because of defects near the entrance to the Subway system and losses caused by delays of the system.
Any premise liability case against the NYCTA can be hard to prove. That’s why you need an experienced New York attorney to assist you in navigating our complex legal system.
To sue the NYCTA, you and your New York personal injury attorney must prove that the NYCTA failed in its duty to keep the subway stations properly maintained—and that the failure caused your fall.
What Kind of Compensation Is Available to Me?
Having a New York personal injury attorney on your case can be one of the most critical steps you take following an accident if you hope to receive compensation for medical bills, lost wages, and pain and suffering. An experienced NYC subway accident attorney will be able to investigate who was truly at fault, gather evidence to prove it, and create a solid case that will ensure you receive some level of compensation for the negligent actions of someone else.
The law firm of Greenberg & Stein has handled all manner of personal injury and accident cases across New York City, including those involving the MTA, the NYCTA and subway system, Joshua Stein has lectured other lawyers in New York City about how to sue the MTA and the NYCTA. We are standing by and ready to help should you or a loved one need legal assistance. We firmly believe that no one should have to pay out of pocket for the negligent actions of another party, and no case is too big or too small for us to take on.
The personal injury attorneys at Greenberg & Stein have more than 75 years of combined experience and will fight to make sure you receive the compensation you need if you’ve been injured due to the fault of another person, business, or government entity. We offer free, 24/7 legal consultations and can walk you through what legal options are available to you following your injury in New York City. Contact us today at 888-411-3966.