New York City’s subway stations do not have a reputation for being clean and tidy. Trash, liquid spills, and suspicious grime are common in these public areas, despite janitorial efforts. It is understandable how someone might slip and fall due to a slick surface from a questionable spill.
But if you slipped and fell in a subway station and suffered serious injuries, could you sue the MTA for damages? The answer depends on the circumstances of your accident. Speak with an NYC slip-and-fall lawyer for legal guidance.
Causes of Slip-and-Fall Accidents in NYC Subway Stations
The NYC Subway is a massive operation, with approximately 472 subway stations and upwards of 3 million daily riders, totaling over 1 billion riders each year. The Times Square station is the busiest, accounting for 54 million of those riders in 2023, according to the MTA.
Slip-and-fall accidents can easily happen in subway stations due to the hustle and bustle of these often chaotic public spaces. A person might trip on a steep staircase or over another person’s foot when rushing to catch their train. Or they might slip and fall due to a hazard, such as:
- Wet or slick floors
- Cracked pavement
- Uneven surfaces
- Inadequate lighting
- Lack of handrails on stairs
What You Would Need To Prove in a Slip-and-Fall Accident Case
Under premises liability law, a property owner is responsible for maintaining safe and hazard-free premises. When a person becomes injured on their property due to a hazard, the property owner may be liable for damages.
New York City’s subway stations are overseen by the Metropolitan Transportation Authority (MTA), which is controlled by the government of New York State. To have a viable slip-and-fall case against the MTA, you would generally need to prove that:
- You slipped and fell due to a hazard: The hazard might have been a wet floor, an obstacle in your path, or another dangerous interference that you would not have reasonably expected to be there.
- The MTA knew or should have known about the hazard. This means that the hazard existed for long enough that the MTA reasonably should have known about it.
- The MTA did not take measures to mitigate the hazard: For example, placing a wet floor sign near a spill sometimes reduces a property owner’s liability for slip-and-fall accidents that occur due to the spill.
- You were in the subway station lawfully: This means that you were not in the station during a time that it was closed, which happens periodically for maintenance or during emergencies.
- Your accident was directly caused by the hazard: You would need to prove that the hazard caused your accident, not simply that it was present at the time of the accident.
- You suffered injuries in the accident: Finally, you would need to show that your slip and fall led to damages that the MTA would be responsible for paying for.
Understanding all of the elements of a slip-and-fall case can be challenging, particularly when the defendant is a government entity. It may be worth consulting an NYC slip-and-fall lawyer for guidance.
Pursuing Legal Action Against the MTA for a Slip and Fall
If each of the elements above is true for your accident, you may have the opportunity to sue the MTA for slip-and-fall injuries. Pursuing legal action against a government entity is different from suing a property owner, so working with an experienced slip-and-fall attorney may be vital.
These are a few considerations for holding the MTA liable for a subway accident:
- Notice of Claim requirements: When pursuing legal action against a government entity in New York, you must file a Notice of Claim within 90 days of the incident. This is a much shorter timeline than the standard three-year statute of limitations, and taking action quickly is essential.
- Sovereign immunity: Government entities such as the MTA often have “sovereign immunity,” which limits their liability in some instances. However, proving that the MTA was negligent for your injury could still provide grounds for a liability case.
- Procedural complexity: There are also other complexities to consider in your case. For example, the MTA may be entitled to hold a “50-h” hearing to examine you under oath before you can file a formal lawsuit.
It may not be as easy to win a slip-and-fall case against the MTA compared to a traditional property owner. Your personal injury lawyer in New York will advise you on the possible outcomes of your case and help you understand whether you have enough evidence to potentially be successful.
Speak With a Slip-and-Fall Accident Lawyer in New York City Today
If you believe the MTA may have been liable for your slip-and-fall accident, reaching out to an NYC slip-and-fall lawyer may be a good next step. Ross & Hill represents clients across complex premises liability claims and can meet with you for a 100% free initial consultation.
Check out our premises liability guide for slip-and-fall accidents as a starting point, then call 646-351-6222 to request your consultation.
Frequently Asked Questions
How long do you have to sue the MTA for a slip-and-fall accident?
Along with filing a Notice of Claim against the MTA within 90 days of your accident, you would have a total of one year and 90 days after the accident to take legal action. Your attorney can help you adhere to all relevant deadlines to avoid missing the opportunity for compensation.
What types of evidence do you need in a subway slip-and-fall case?
Evidence such as security camera footage of the accident, photos or videos of the hazard that caused the injury, and witness testimony can all be helpful in a subway accident case. You can also provide medical records to show that the accident caused your injuries and that they were not pre-existing.
Can you sue the MTA for slipping on an unmarked wet floor?
You may be able to sue the MTA if you slipped on a puddle that had existed long enough for a manager or maintenance person to know about it. Speak with an NYC slip-and-fall lawyer.
