Who Is Liable If I’m Injured On a New York Subway?
No matter where in New York someone lives, it is highly likely that they’ve used the subway system, and possibly on a regular basis. Unfortunately, the subway can be a dangerous place for commuters. Each year thousands of people are injured in subway accidents.
Subway injuries can lead to substantial physical, emotional, and financial damages. Injury victims have the right to pursue compensation for losses related to an injury, but they need to go after the appropriate parties. Premises liability attorneys at Zucker & Regev, P.C. in Brooklyn, NY, determine who is liable for injuries on a New York subway, so that their clients can pursue just compensation for all related losses.
Determining Liability
When any type of accident results in injuries, it is important to determine who is liable for damages. There are multiple persons or parties that may contribute to an accident. Personal injury lawyers at our Brooklyn law firm work with investigators to examine the details of an accident and establish who should be held accountable for related losses.
Determining accident liability essentially comes down to figuring out the accident’s causation factor, or the factor that primarily contributed to the accident and resulting injuries. In the case of subway accidents, liability usually falls on the transit authority, but occasionally, third parties may also be responsible.
Transit Authority Liability
The subway is considered the property of the New York Transit Authority or Metropolitan Transit Authority (MTA). Under premises liability laws, all property owners are responsible for maintaining an environment that is reasonably safe for patrons or invited guests. As such, the MTA is expected to keep their property free of dangers that pose a risk to commuters, address hazards in a reasonable timeframe, or take appropriate actions to warn commuters about potential dangers if they cannot be immediately corrected. If the MTA is negligent in the care of their property (which includes subways, subway platforms, and subway stations) and an accident occurs, injury victims can file a premises liability lawsuit to pursue compensation for injury damages.
Third-Party Liability
Although many subway accidents fall under premises liability, there are situations where third parties may be held accountable for accident injuries. For instance, if a subway accident occurs because of a mechanical failure, liability may fall on the company that is contracted to perform maintenance, or on the product manufacturer of a defective part. And if a commuter is injured in a physical attack that takes place on the subway, the perpetrator can be held personally liable for injury damages.
Multi-Party Liability
Oftentimes, a subway accident has several contributing factors. If more than one person or party is responsible for injuries in a subway accident, they may share liability for related damages, which could include medical expenses, lost wages, and pain and suffering. Our personal injury lawyers in Brooklyn consider all potentially responsible parties so that our clients can pursue maximum compensation for their losses.
Contact Us
If you have been injured in a subway accident, liable parties should be held accountable for all related economic and non-economic losses. To find out how the lawyers at Zucker & Regev, P.C. can assist you in establishing liability and collecting appropriate compensation, contact our law firm online, or call (718) 624-1211 and request a consultation.
