Seasoned Personal Injury Lawyers

Serving Metro New York

Can I sue the New York City subway if I’m injured while riding?

On Behalf of | Apr 14, 2025 | Injuries |

Millions rely on New York City’s extensive subway network every day, yet due to its vast size and outdated infrastructure, accidents occasionally occur. From malfunctioning doors to slippery platforms, these incidents can lead to serious injuries. Understanding when and how legal responsibility attaches to the Metropolitan Transportation Authority is key for anyone harmed while using public transit.

Determining responsibility in subway accidents

As a public authority, the MTA must ensure its stations, trains and platforms are reasonably safe. To bring a successful claim, injured passengers need to prove several items. To start a claim, the injured party has to show that the MTA was responsible for providing a safe environment. Typically, this obligation exists because the MTA must keep conditions safe for its passengers.

To pursue a claim, you must establish that the agency failed to meet this obligation through negligent conduct, and that failure was the direct cause of your harm. Lastly, the injured individual has to show that the harm they suffered led to losses or expenses eligible for monetary recovery.

Common incidents that may result in liability include defective stairs or escalators, broken turnstiles, sudden jerks causing falls or being struck by closing train doors. Assaults on trains or platforms may also implicate the MTA if there is evidence of inadequate security or lighting.

Filing requirements and time limits

Initiating a legal claim against the MTA requires adherence to rigid timelines imposed by state law. New York law requires individuals who plan to sue a public entity to submit a Notice of Claim within 90 days from the date the incident occurred. The notice provides essential details about the incident, allowing the MTA an opportunity to conduct its own investigation.

If the dispute remains unsettled, the claimant generally has up to one year and 90 days from the date of the event to initiate formal legal action. Failing to file the Notice of Claim within the required timeframe could completely prevent you from pursuing your lawsuit, even if your claim is valid.

Potential damages and recovery

If successful, a subway injury claim may result in compensation for medical costs, including future treatment. Victims may also recover damages for income lost due to missed work, reduced ability to earn future wages, physical and emotional suffering and lasting disabilities or scarring. Unlike some government-related lawsuits, there is no statutory cap on damages for these types of claims in New York, which allows for full recovery for documented losses.

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