Legal Question in Personal Injury in New York
Sister slipped on Metro card and fell down subway stairs
My sister was coming home from work. It was raining and as she was walking down the subway stairs, she noticed someone had vomited on the stairs. Trying to avoid it, she instead slipped on a discarded metro card (there were quite a few all over the stairs) and fell all the way to the bottom. Her husband who was with her was yelling to the token booth for help, but they wouldn't leave the booth. He carried her up the stairs and rather than wait for an ambulance, he put her in a cab to the hospital which was only a few blocks away. She broke her pelvis in 2 places and ruptured her bladder. She has been out of work for 2 months already. She is a waitress and it may be awhile before she can get back to work. How likely is she to get any kind of settlement? Isn't it the Transportation Authorities responsibility to keep the stairs clean of debris, especially in the rain?!
5 Answers from Attorneys
Re: Sister slipped on Metro card and fell down subway stairs
These are tough cases because you have to prove that the Transit Authority either had actual or contstuctive notice of the metro card or that the metro cards were a recurring condition. The TA fights all cases very hard. I am currently litigating a somewhat similiar case where my client fell on a staircase. Please feel free to call me at 212-622-7180 to discuss the case. You should know that your sister must serve a Notice of Claim on the TA within 90 days of the accident. I can help with that as well.
Re: Sister slipped on Metro card and fell down subway stairs
Your sister may have an action for her injuries. However, she should retain an attorney immediately because she has a limited time to file a notice of claim.
Let me know if I can be of help.
Daniel Clement
Re: Sister slipped on Metro card and fell down subway stairs
They may be if they had notice of the vomit, or should have been aware of its presence, but what I would be more concerned about is the failure of the token clerk to call for help upon hearing of the injured customer. I'd be happy to talk to you about this if you wish.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Sister slipped on Metro card and fell down subway stairs
there are ways to bolster your liability case but you must act immediatly as a notice of claim must be filed. call me at 516 946 7100 (cell) for a free consultation there is no fee unless we collect
Re: Sister slipped on Metro card and fell down subway stairs
Prior weitten notice of a defect in a public way in necessary to sue a municipal agency. With something such as vomit, I doubt there was written notice.
For argument's sake, assuming the transit authority may not have owned the steps, only "notice", prior knowlege of the condition and the opportunity to do something about it, comes into play. Macy's might own the stairwell for instance, if it is on 59th street in NYC.
Whether the ticket agent could have had actual knowlegge and a duty to report is another interesting question although I believe they are required to remain inside the booth.
There are many factors to look into.
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