Train Injury Lawsuit in New York: Know Your Rights

If your injury involves the MTA, NYC Transit, or another public transit authority, you must file a Notice of Claim within 90 days of the incident. Missing this deadline almost always bars your lawsuit entirely. After that, you have one year and 90 days from the date of injury to commence a lawsuit against the public agency.

Yes. Under New York law, common carriers like the MTA owe passengers a heightened duty of care — a higher standard than ordinary negligence. This means the MTA must exercise the utmost care and diligence to protect passengers from foreseeable harm, including dangerous conditions on trains, platforms, and in stations.

Common causes include sudden stops or jerks without warning, doors closing on passengers, slip-and-fall hazards on platforms or train floors, overcrowding injuries, and collisions or derailments. Injuries caused by maintenance failures, negligent operation, or inadequate safety measures may all give rise to a claim against the MTA or NYC Transit.

Injured passengers may seek compensation for medical expenses, lost wages, loss of future earning capacity, and pain and suffering. New York follows a pure comparative fault rule, meaning your recovery is reduced by your own percentage of fault but not eliminated unless you are 100% at fault. An attorney can evaluate which damages apply to your specific situation.