Manhattan, New York (NewYorkInjuryNews.com) — When we think of injuries which occur on subways the most common things that come to mind is getting hurt when the subway stops short or falling on the steps or platforms or, in the most horrendous of circumstances falling onto the tracks and getting hit by a train. As if those hazards are not enough, what if you are injured as a result of an assault while on a train or while waiting for one. Assuming the perpetrator is caught – you could, of course, sue him but what are the chances he or she would have any money to satisfy a judgment? Probably none -since people who have that kind of money generally do not assault people in subways.
But what about the Transit Authority’s responsibility? What if someone committing a crime hurts you? Can the TA be held liable and be ordered to pay money damages for your injuries?
Generally speaking the answer is no. The TA cannot be held civilly liable if you are injured as a result of a random act of violence. But what about the situation where, for example, a token booth clerk sees what is going on and does nothing? You may have a chance of prevailing in that situation. The Transit Authority may try to deflect blame on the assailant but at least in this situation you have a defendant who has the resources to pay you damages as opposed to a low life criminal.
There are important steps you must take when suing a public authority such as the Transit Authority. It is different from suing a private entity. Before you can even bring the lawsuit you must serve what is called a “Notice of Claim” within ninety days of the occurrence. You only have 90 days – so act quickly.
Attorneys have seen many cases involving all types of subway accidents such as slips and falls on subway steps, passengers injured on a train and we have represented people hit by a train. The common thread in all these cases is that you most prove negligence. That is, we must show that the Transit Authority failed to take reasonable steps to avoid an injury to you. For example, if the Transit Authority employee who just made a repair to a station platform either left his tools there and you tripped over them, or he made a hole in the platform in the course of a repair and did not cover it up, and you tripped in it and got hurt are all situations where it is possible to prove that the transit authority negligently caused the situation which caused your injury.
Again, before you can sue the TA you must first have filed a Notice of Claim within 90 days with the correct information otherwise you rights to bring a lawsuit will be lost.
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Contributing Lawyer: Vito Cannavo Long Island Premises Liability Lawyer 
