When tragedies occur, it is natural for people to try to assign blame wherever they can. From a lawyer’s perspective, the issues are rarely as black and white as the general public would like them to be. On Friday morning, a homeless man was found dead under a downtown R train in Brooklyn at the Court Street Station in Brooklyn Heights. According to a report by the New York Daily News, the homeless man fell or was struck by the train while walking on the tracks at approximately 4:00am.
This accident, while undoubtedly tragic, requires a detailed legal analysis to determine who is to blame and if there would be reasonable chance of recovery if a lawsuit was brought. Various areas of New York personal injury law, General Municipal Law, and Estates Powers and Trusts Laws are instantly implicated and need thorough analysis at the outset.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool, LLP have over 50 years of experience in the litigation of personal injury cases. It is this experience in handling these legal matters which gives insight into the appropriate legal analysis of the above-referenced accident and the applicable New York laws. At first blush, the train accident described above involves a man being struck and killed by a subway train. Before the analysis of the relevant culpable conduct of the potentially liable parties can begin, other steps must be taken.