Slip and Fall Accidents in the Subway

Subways are integral to urban life, but the bustling environment of subway stations and trains can pose significant safety risks, particularly for slip and fall accidents. 

For many, these accidents result in minor scrapes and bruises, but for others, they can lead to life-altering injuries. 

Many of these accidents, however, are avoidable and due to mere negligence—such as those in charge of maintenance turning a blind eye to critical issues.

The Risks in Subway Stations

Subway stations are complex environments with numerous hazards that can lead to slip and fall incidents. Common risk factors include:

• Wet or Slippery Floors: Spills, leaks, or wet floors caused by rain or snow can create treacherous conditions.
• Uneven Surfaces: Cracked tiles, poorly maintained stairs, or uneven platforms are common culprits.
• Obstructions: Litter, construction materials, or improperly placed signs can block pathways.
• Poor Lighting: Dim or flickering lights can make it difficult to see hazards.
• Crowded Conditions: During peak hours, the sheer number of people can make it challenging to navigate safely.
• Defective Escalators or Elevators: Malfunctioning equipment can result in sudden jolts or falls.

Common Injuries From Subway Slip and Fall Accidents

Slip and fall accidents in subway stations can result in a wide range of injuries, including:

• Fractures and Broken Bones: Commonly affecting wrists, hips, and ankles.
• Head Injuries: Concussions, traumatic brain injuries, or skull fractures.
• Spinal Cord Injuries: Potentially leading to partial or complete paralysis.
• Soft Tissue Injuries: Sprains, strains, or torn ligaments.
• Lacerations and Contusions: Cuts and bruises that may require medical attention.

These injuries can lead to substantial medical bills, lost wages, and long-term physical and emotional suffering.

Who Is Responsible for Subway Slip and Fall Accidents?

Determining liability is crucial for pursuing a slip and fall case. The following parties may bear responsibility:

• Transit Authorities: Public agencies managing subways are required to maintain a safe environment.
• Maintenance Contractors: Companies hired for cleaning or repair work may be liable if their negligence contributed to the hazard.
• Third Parties: Individuals or businesses (e.g., vendors) operating within the station may also bear responsibility.

Proving Negligence for a Slip and Fall Accident in a Subway

To hold a party liable for a slip and fall accident, you must prove negligence. This typically involves demonstrating the following:

• Duty of Care: The responsible party had a legal obligation to ensure a safe environment.
• Breach of Duty: They failed to meet this obligation, creating a hazardous condition.
• Causation: The hazardous condition directly caused your accident and injuries.
• Damages: You suffered measurable harm, such as medical expenses, lost income, or pain and suffering.

What to Do After a Subway Slip and Fall Accident

If you experience a slip and fall accident in the subway, seek medical attention—first and foremost. Prioritize your health and document your injuries.

Notify the subway station manager or transit authority. If you are able to before leaving the scene, you should also take photos or videos of the hazard, your injuries, and the surrounding area. Collect contact details from anyone who saw the accident.

Next, contact Morgan & Morgan. One of our personal injury lawyers can evaluate your case and discuss your legal options.

Filing a Claim Against a Transit Authority

Filing a claim against a transit authority involves unique challenges:

• Government Immunity: Public transit authorities often have legal protections that limit their liability.
• Notice of Claim: Most jurisdictions require you to file a formal notice of claim within a short period, often 90 days.
• Evidence Requirements: You must present clear evidence of negligence, including maintenance records and surveillance footage.

An experienced attorney can navigate these complexities and help you meet all procedural requirements.

Compensation for Subway Slip and Fall Injuries

Victims of subway slip and fall accidents may be entitled to various forms of compensation, including:

• Medical Expenses: Reimbursement for hospital stays, surgeries, medications, and ongoing treatment.
• Lost Wages: Compensation for time missed at work and diminished earning capacity.
• Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
• Punitive Damages: In rare cases, these may be awarded to punish egregious negligence.

Frequently Asked Questions

How can I prove that the MTA is responsible for my damages?

Not every individual slipping and falling in the subway can file a personal injury lawsuit and seek damages. However, if the MTA was negligent in maintaining the subway carriages or stations, and this negligence caused your fall, you could potentially sue. The MTA is responsible for keeping passengers reasonably safe. The authority must ensure timely maintenance of stations and subway carriages and provide clear warning signs of potential dangers, such as wet floors or broken steps.

To win a lawsuit against the MTA, the plaintiff (the person bringing the suit) would have to show that the transport authority knew or should have known about the hazardous condition and failed to take action.

Which damages could I receive in a subway slip and fall claim?

If your injuries were caused by a negligent transport authority, you should not have to pay the price. Filing a personal injury lawsuit can help you get financial compensation for your damages, including but not limited to: 

• Healthcare and long-term care costs for your slip and fall injury
• Income lost due to being unable to work
• Awards for physical pain and emotional distress
• Any property damage you suffered due to the fall (eyeglasses, phone, laptop, etc.)

If you suffered a severe or life-changing injury, you could receive additional compensation for permanent disability, loss of life quality, and other damages. The amount of the settlement you can pursue will be directly related to the severity of your injury and the extent of your financial damages from the accident. A personal injury attorney at Morgan & Morgan can calculate your damages and determine the worth of your claim.

How much time do I have to file a lawsuit?

Knowing how much time you have to file a lawsuit against a public transit authority such as the MTA can be tricky as the rules differ from state to state. While most states give victims at least two years to file a personal injury lawsuit, some have shorter deadlines. Importantly, when suing a public entity, additional rules apply in most states, such as the requirement to file a “Notice of Claim” within 60 or 90 days from the date of the incident. 

Not knowing the correct timeline for filing an injury claim in your state could severely compromise your ability to seek damages. Therefore, consider speaking with a subway slip and fall accident lawyer promptly after your fall. Our attorneys can protect your legal rights and file the proper documents and papers within the applicable deadline in your state, giving you the best chance of recovery. 

How long will my subway slip and fall case take?

Knowing how long a subway slip and fall injury claim takes can be tricky as every case is unique. The length of your claim depends on various factors, including:

• The extent of your injuries 
• Your medical bills, income losses, and other financial expenses
• How many liable parties are involved
• The willingness of the defendant to settle for a fair amount
• Whether your case goes to trial

According to the Bureau of Justice Statistics, most personal injury claims are resolved with an out-of-court agreement and settlement, which is usually the quickest way. However, if the parties cannot agree on a settlement and your case goes to trial, it could take months or even years before you receive a payout. 

A seasoned slip and fall attorney at Morgan & Morgan can handle a claim efficiently and ensure that your case does not take longer than it needs to, so you can receive the compensation you need to move on with your life. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

How Morgan & Morgan Can Help

Morgan & Morgan has extensive experience representing clients in slip and fall cases, including those involving subway accidents. We can assess your case’s merits and potential for success. If we can work together from there, our team will gather critical evidence, such as surveillance footage, maintenance logs, and witness statements.

We can engage safety experts to support your claim, and whether through settlement discussions or courtroom advocacy, we will fight to secure maximum compensation for you.

Slip and fall accidents in subway stations are not just inconvenient—they can have devastating consequences. If you or a loved one has been injured in a subway slip and fall accident, Morgan & Morgan is here to help. With decades of experience and a proven track record, we are committed to fighting for the compensation you deserve. Contact us today for a free case evaluation.