Reviewed by Laurence P. Banville, Esq.When can you sue after a subway assault?
New York law does not make a property owner or transit operator the insurer of your safety, and they are generally not liable simply because a crime happened on their property. You can sue, however, when an owner or operator failed to take reasonable security measures against a danger they knew about or should have known about. This is called negligent security, a type of premises-liability claim.
In the subway context, the key question is usually foreseeability: was there a history of violent crime at that station or on that line that should have prompted better security? If so, and reasonable measures were not taken, a claim may exist.
Who can be held responsible?
Depending on where and how the assault happened, more than one party may share fault:
- The MTA / New York City Transit — for the stations and platforms they control, including staffing, lighting, working cameras, and emergency call systems.
- A private property owner — if the assault occurred in an adjacent or connected space (a retail concourse or building entrance) controlled by a private business.
- A security contractor — if a hired security company failed to do its job.
- The attacker — always directly liable, though often without the assets or insurance to make a civil claim worthwhile.
What deadlines apply to claims against the MTA?
Suing a public entity is different from suing a private business. Before you can file suit against the MTA or NYC Transit, you generally must serve a Notice of Claim within 90 days of the assault GML §50-e. You then typically have about one year and 90 days to file the lawsuit itself GML §50-i, and a statutory hearing (a “50-h” examination) is usually required. These deadlines are short and strictly enforced, which is why getting advice early matters. For claims against a purely private property owner, the standard three-year personal-injury deadline applies CPLR §214.
What goes into proving a negligent-security claim?
Outcomes depend on the specific facts, and no honest attorney can promise a result. The factors that tend to drive these cases include:
- The history of similar crimes at that location (police reports, prior incidents).
- What security existed and whether it worked — cameras, lighting, staffing, locked gates, call boxes.
- Whether reasonable measures would likely have prevented or reduced the harm.
- The severity of your injuries and how they affect your life and finances.
New York follows comparative negligence CPLR §1411, so your recovery can be reduced if you are found partly at fault, but you are not automatically barred from recovering.
What should you do next?
Report the assault to the police and the MTA, get medical care, and preserve anything that documents what happened — photos, the names of witnesses, and any transit incident numbers. Because the Notice of Claim clock starts running immediately, it is worth speaking with a negligent security attorney as soon as you can. For assault and violent crime cases, Banville Law works in partnership with The Haggard Law Firm to ensure clients have access to experienced trial counsel. To understand how these cases work more broadly, see our hub on negligent security and the related scenarios below.
Frequently asked questions
Can I sue the MTA for an assault in a subway station?
Possibly. You can sue the MTA or New York City Transit if inadequate security allowed a foreseeable attack to happen in an area they controlled. These claims require a Notice of Claim within 90 days of the incident, so timing is critical.
How long do I have to file a claim after a subway assault?
Against the MTA or NYC Transit, you generally must serve a Notice of Claim within 90 days under GML §50-e and file suit within about one year and 90 days under GML §50-i. Against a private property owner, the standard personal injury deadline is three years under CPLR §214. If you also want to pursue a direct assault and battery claim against the person who attacked you, that intentional tort claim carries a shorter one-year deadline under CPLR §215(3). Deadlines are strict, so confirm yours early.
Do I have to identify or sue my attacker to have a case?
No. A negligent-security claim focuses on whether the property owner or transit authority failed to provide reasonable security, not on whether the attacker is caught. You can pursue the responsible owner or operator even if the attacker is never identified.
What if I was partly careless when the assault happened?
New York uses comparative negligence, so being partly at fault does not automatically bar you. Your recovery may be reduced by your share of responsibility, but you can still pursue a claim.
How much is a subway assault case worth?
There is no set figure, and anyone who guarantees an amount should be viewed with caution. Value depends on factors like the severity of your injuries, the strength of the foreseeability evidence, and the impact on your life. Prior results do not guarantee future outcomes.