How to Sue the Subway in New York

Before filing a lawsuit against the MTA or New York City Transit Authority, you must serve a Notice of Claim within 90 days of the incident. Missing this deadline typically bars your claim entirely. After filing the notice, you generally have one year and 90 days from the injury date to commence a lawsuit.

Yes. Under New York law, the MTA and NYC Transit are considered common carriers, which means they owe passengers the highest degree of care consistent with the practical operation of their services. This heightened standard makes it somewhat easier to establish negligence when a subway defect, unsafe condition, or operator error causes injury.

Common grounds for an MTA subway lawsuit include train door malfunctions that strike passengers, sudden stops or derailments, slip-and-fall injuries caused by wet or defective station floors, assaults where inadequate security was a factor, and platform gap accidents. The key is showing the MTA knew or should have known about the dangerous condition and failed to correct it.

After serving the Notice of Claim, the MTA typically conducts a 50-h hearing (a sworn examination of the injured party) before any lawsuit is filed. Litigation against the MTA can take two to four years to reach resolution, though many cases settle before trial. Acting quickly to preserve evidence and meet filing deadlines is critical.

Missing the 90-day window does not automatically end your case. Under GML §50-e(5), you may be able to apply to a court for permission to file a late Notice of Claim, but only within the applicable statute of limitations period. Courts consider factors including whether the MTA had actual notice of the incident, whether it was prejudiced by the delay, and whether there is a reasonable excuse. This is not guaranteed — the sooner you act after missing the deadline, the better your chances of obtaining permission to file late.