slip and fall in the subway, hit the back of my head, my back. suffer a small bruise and a hematoma to the head, having neck and back pain. need to know what can I do from here
Sorry to hear what happened to you. As owner and operator of the NYC subway system, the MTA / NYCTA has a legal responsibility to maintain the platform in a reasonably safe condition. It is responsible for any dangerous conditions on the platform about which it had notice, either actual notice (it knew about the condition) or constructive notice (the dangerous condition was visible and apparent and existed for a long enough period before your fall to have permitted the MTA / NYCTA to discovery it). Unless you can demonstrate that the MTA / NYCTA either knew or should have known about the dangerous condition, they will not be legally responsible for your fall and resulting injuries. In other words, if the condition that caused you to fall existed for only a few minutes (or even seconds) before your fall, the MTA / NYCTA would not have had sufficient time in which to discover it and correct it.
Keep in mind that before you can bring a lawsuit against the MTA / NYCTA, you must first file a Notice of Claim within 90 days of the incident, . If you do not file a Notice of Claim during such time period, you will be unable to bring a lawsuit later on.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
www.kdrpilawyers.com
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