Injured in an NYC Subway? Know Your Legal Options Now

First Steps After a Subway Injury

Your health comes first. Call 911 or seek medical attention right away, report the incident to transit personnel if possible, and document the scene.

• Record the train line, station, car number, time, and any incident or claim numbers.
• Get witness names and contact information.
• Take photos or video of hazards (e.g., wet floors, gaps, broken stairs, malfunctioning doors) and your injuries.
• Preserve MetroCard or OMNY receipts, medical records, and any correspondence with the MTA or New York City Transit.
• Avoid giving recorded statements to insurers or adjusters before speaking with counsel.

Who May Be Responsible

Potentially responsible parties can include:

• New York City Transit Authority (NYCTA), a public benefit corporation that operates NYC subway service (Public Authorities Law § 1201; powers and duties at § 1204; see also MTA: New York City Transit).
• Contractors responsible for construction, repairs, or maintenance.
• Product manufacturers (e.g., escalators, elevators, doors).
• Private individuals whose negligence causes injury on transit property.

Identifying the correct public authority or contractor is critical because it affects where and how you must file your claim.

Claims Against the MTA and NYC Transit

Claims involving public authorities are governed by special statutes and rules. For subway incidents, the proper entity is often the NYCTA (an MTA affiliate) rather than the MTA itself (MTA overview; PBA § 1201; § 1204). Different MTA-related entities may have distinct requirements, so determining the proper agency and complying with its rules is essential.

Notice Requirements and Pre-Suit Procedures

Tort claims against the NYCTA generally require:

• Notice of Claim: A written notice of claim served within 90 days of the incident, in compliance with General Municipal Law § 50-e, as incorporated by Public Authorities Law § 1212(2).
• Agency Examination: The Authority may demand an examination of the claimant regarding the occurrence and injuries before suit (PBA § 1212(2)).
• Waiting Period: At least 30 days must generally elapse after service of the notice to allow the Authority to investigate (PBA § 1212(2)).
• Time to Sue: Actions are typically subject to a one year and ninety days limitation period (PBA § 1212(2)).

Deadlines and service methods can vary by entity and claim type. Missing a required notice or serving the wrong entity can jeopardize a case. Consult counsel promptly to confirm the correct procedures for your situation.

Common Types of Subway Injury Cases

• Slips and falls on wet or debris-covered platforms
• Defective stairs or handrails
• Gaps between trains and platforms
• Escalator and elevator malfunctions
• Train door incidents
• Crowding and platform management issues
• Operator or dispatch errors

Each case turns on evidence of notice, maintenance and inspection practices, and whether the hazard was reasonably addressed.

Comparative Negligence in New York

New York follows pure comparative negligence: if you are partly at fault, your damages are reduced by your percentage of responsibility, but you may still recover the remaining portion from other at-fault parties (CPLR § 1411).

Damages You May Recover

Available damages in a successful claim can include medical expenses, lost wages and diminished earning capacity, out-of-pocket costs, and pain and suffering. Serious or permanent injuries may support additional categories of damages. Keep thorough records of all medical care, time missed from work, and other losses.

Evidence to Preserve

Act quickly to preserve surveillance footage, incident reports, maintenance logs, and train or station data. Much of this information is controlled by public authorities and may be routinely overwritten. Your attorney can send preservation notices and pursue disclosure through the proper procedures.

Deadlines and Why Acting Quickly Matters

Short deadlines apply to claims against public authorities. As noted above, NYCTA tort claims generally require a notice of claim within 90 days and have a one year and ninety days limitations period (GML § 50-e; PBA § 1212(2)). Because requirements are strictly applied and can vary, speak with counsel as soon as possible to protect your rights.

How an Attorney Can Help

An experienced attorney can identify the correct public authority or contractor, ensure timely notice and filings, gather and preserve critical evidence, consult with engineering and medical experts, and pursue negotiation or litigation. Early legal guidance can make the difference in meeting procedural requirements and building a compelling case.

FAQ

Do I sue the MTA or the NYCTA?

Subway injury cases often involve the NYCTA rather than the MTA itself. The correct entity depends on the facts; filing against the wrong one can risk dismissal.

What if I missed the 90-day notice deadline?

Courts may allow late notice in limited circumstances, but do not assume it will be granted. Speak with an attorney immediately.

Can I recover if I was partly at fault?

Yes. Under pure comparative negligence, your recovery is reduced by your percentage of fault but not barred.

How fast should I contact a lawyer?

As soon as possible. Evidence can be lost quickly and public authority deadlines are short.

What to Do Now

• Seek medical care and follow treatment recommendations.
• Report the incident and document everything.
• Contact a lawyer promptly to evaluate responsibility and immediate deadlines.

Contact our team to discuss your subway injury.

Disclaimer

This post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. New York has strict notice-of-claim and filing deadlines that may apply to your matter. Laws can change and requirements may vary based on the facts. Consult a qualified New York attorney about your specific situation.