Subway Slip And Fall Accidents Lawyers - morgan and morgan
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Subway Slip And Fall Accidents

Subway Slip And Fall Accidents Lawyers

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Subway Slip And Fall Accidents

Millions of locals and tourists ride the subway systems in New York City and elsewhere daily. Overcrowding, wet and slippery walkways, and debris on the ground can cause devastating slip and fall injuries. While falls may only lead to scrapes and bruises, some individuals could see their entire lives turned upside down due to a severe fall in the subway. According to the Centers for Disease Control and Prevention (CDC), falls are the primary cause of injuries and deaths among older Americans. 

If you or a loved one got hurt in a subway station, you could be entitled to damages, including loss of wages, healthcare expenses, and more. However, suing a public transit authority can be tricky. Injured passengers could face hurdles such as a limited time to file their lawsuit. 

However, you don’t have to struggle with a personal injury claim alone. Morgan & Morgan’s subway slip and fall accident lawyers are ready to help you pursue what you deserve if you get injured on the subway. Contact us for a free case review to learn of your legal rights and options today.

Reasons for Subway Slips and Falls

Negligence of a local transport authority can result in devastating accidents and injuries for subway riders. Some common reasons for subway slip and fall accidents leading to personal injury lawsuits can include:  

  • Ice or snow-covered steps leading in and out of subway stations
  • Poorly lit stations
  • Uneven or broken steps 
  • Broken flooring
  • Trash and other debris on station floors and platforms
  • Lack of stairway handrails
  • Slippery and wet floors lacking warning signs
  • Cracks or potholes 
  • Unsafe conditions during construction and maintenance work

While the weather or other passenger’s mess is not the local transport authority’s fault, there should be a regular schedule of cleaning and maintenance addressing hazards at subway stations and on platforms. Cleaning crews should remove ice, snow, and trash from platforms, stairs, and walkways to reduce the possibility of passenger falls. Many falls could be avoided with adequate subway housekeeping and maintenance.

Do You Have a Case Against a Local Transport Authority?

According to premises liability law, public and private property owners have a duty to keep patrons and visitors safe from hazards. In most cases, this means either repairing an issue or warning the general public of dangers. Most subway stations have signs warning passengers to stay away from tracks and other potentially dangerous areas. However, there can be little or no warning of safety issues brought on by other passengers or inclement weather. If you get hurt due to a hazard in a station, you could have a legal case and seek damages.

Suing the MTA or Another Transport Authority 

Suing the MTA and other public transport authorities can be tricky. First, you must prove that the injury happened due to the authority’s negligence. You and your attorney will have to show the following four elements of a personal injury lawsuit: 

  • The subway operator owed you a duty of care. 
  • They breached that duty by failing to fix a hazard or warn of a dangerous condition.
  • The breach caused your slip and fall accident and injury.
  • You suffered tangible damages such as medical bills, income losses, or others.

While suing a public transit authority is possible, filing a claim can be full of challenges and pitfalls. Most public transport agencies are government-owned, meaning the legal process can involve additional steps and shorter timelines than other personal injury lawsuits.

Sovereign Immunity

Government agencies, such as the MTA and others, are generally protected from lawsuits due to the legal doctrine of sovereign immunity. Some states have waived sovereign immunity so those who get hurt in a public transport accident can pursue compensation. However, there are still restrictions and hurdles for victims seeking justice. For example, if you intend to sue the MTA, you have to first file a Notice of Claim within 90 days of your slip and fall accident. Failing to do so could bar you from seeking compensation.

Consult With a Subway Slip and Fall Accident Lawyer

If you are injured in a subway accident, acting quickly can be critical for preserving your legal rights. If you suffered severe injuries, consider seeking legal advice immediately. Our slip and fall attorneys know how to sue public transit authorities like the MTA and fight for what you deserve. Without the help of a seasoned lawyer, you could risk leaving money on the table by accepting a settlement without knowing what your case is truly worth. Morgan & Morgan never settles for less because we believe our clients deserve the true value of their claim.

Subway Slip and Fall Injuries 

According to the National Floor Safety Institute (NFSI), falls lead to more than 8 million emergency room visits annually. Slips and falls can lead to significant and debilitating injuries, requiring extensive medical care and rehabilitation therapies. In the worst cases, fall victims die or could be permanently disabled, needing round-the-clock care. The CDC says that older individuals can be so severely impacted by a fall that they may never be able to live independently again. 

Injuries in a subway slip and fall accident can include:

  • Traumatic brain injury (TBI) and other head and neck injuries
  • Sprains and strains
  • Lacerations
  • Pelvic fractures and other broken bones
  • Back injuries such as fractured vertebrae and slipped discs
  • Spinal cord damage and paralysis

Slips and falls are not only damaging to a victim’s health but could also cause financial turmoil for them and their families due to loss of wages and astronomical medical bills. However, if you or a loved one slipped and fell in a subway station, you could qualify for compensation. An experienced subway slip and fall accidents lawyer can assess your claim, explain your options, and fight for what you deserve. 

Your Next Best Steps After a Subway Slip and Fall

Knowing what to do after a subway slip and fall can be critical for protecting your legal rights. Your best next steps can include: 

  • Identify witnesses and ask for their contact details
  • Take pictures of the accident scene and your injuries
  • See a doctor to treat and record your injuries 
  • File an accident report with the subway authority
  • Collect receipts for any out-of-pocket expenses
  • Call a slip and fall lawyer as soon as possible

Seeing a doctor and getting legal advice can be your most important actions when you get injured in the subway.

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FAQ

Morgan & Morgan

  • 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 Can Morgan & Morgan Help Me?

    If you have to stand up against a prominent public transit authority, you need skilled legal help to have the best chance of getting what you deserve. As the largest personal injury firm in the country, Morgan & Morgan has an army of lawyers, legal teams, and accident investigators ready to help injured clients. Our attorneys can get to work right away, protect your rights, and start building your case. We can:

    • Work for you on a “no-win-no-fee” basis
    • Help you get adequate medical assistance
    • Collect time-sensitive evidence such as security camera footage 
    • Communicate with the relevant transport authority and its insurance company 
    • Determine your damages and the value of your claim
    • Negotiate a fair out-of-court settlement
    • Represent you aggressively in court

    Your lawyer knows how to present your case and fight for what you need to put your life back together. Morgan & Morgan has helped injured clients for decades, recovering over $13 billion in damages to date. Let us help you too.

  • 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 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.

  • Morgan & Morgan Is Here for Subway Accident Victims

    Morgan & Morgan knows the pain, distress, and financial chaos that a serious fall injury can cause. However, if you or a loved one suffered a devastating injury due to the carelessness of a public transport authority, you should not have to shoulder the financial burden. 

    We can be by your side. Our experienced subway slip and fall accident lawyers could help you get timely and adequate compensation so you can focus on your recovery. You don’t pay a dime unless and until we win. Contact us today to determine your next best steps in a free and confidential case review.

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