New York City straphangers have been falling onto subway tracks with increasing frequency. This has renewed a call from MTA Board members to install doors on subway platforms according to the New York Post. Since September, 27 people have been struck by subway trains, resulting in numerous injuries and fatalities. It is unclear as to how much platform doors would cost and how such doors would prevent these incidents. However, given that MTA Board members are demanding these safety measures, it is apparent that they believe such measures would be effective.
It also raises future questions as to the potential liability of the MTA for people injured in similar subway accident if they do not take such affirmative measures. Obviously, people who intentionally enter the subway tracks cannot blame the MTA for injuries they sustain. People who are pushed or accidentally fall, however, could have a potential claim against the MTA if platform doors or barriers would have prevented their accident. It will be interesting to follow this subject over the next several months and years to see what the MTA ultimately decides and implements in the wake of these ongoing incidents.
Subway accidents fall under the personal injury law category of Municipal Liability as they involve the New York MTA which is a political subdivision. When an individual suffers an injury in an accident caused by a government agency, they may have grounds to file a lawsuit against the local municipality. Lawsuits against municipalities and municipal subdivisions, however, differ from those filed against normal citizens and insurance companies. A "municipality" refers to any type of government entity, such as villages, towns, cities, or states. A "municipal subdivision" refers to any agency, such as police, EMTs, firemen, or teachers that work for the municipality. While injured individuals typically have up to three years to file a negligence lawsuit, the time constraints differ for claims against municipalities. When filing a claim against a municipality, injured individuals typically have to file a Notice of Claim within 90 days and bring a lawsuit within a year and 90 days. As a result, injured individuals should not hesitate to contact an NYC Municipal Liability Lawyer.
Have you or someone you love been involved in an accident that you believe was the result of a municipal agency's negligence? If so, you may be able to recoup compensation for your losses. For a free review of your legal options, call 212-406-1700 or fill out our online case review form.