I slipped and fell on the subway stairs, injuring my back and wrist. Not bad enough to need surgery at this point, but the back issue has been causing a lot of pain and I've missed some work. I fell walking (not running) down the stairs of an outdoor station (I was wearing sneakers at the time), it was raining and there is a metal coating over the cement steps, which tends to get very slippery. My friend who was with me ran and got help, an ambulance was called, and the police questioned me and made a report. Could I be entitled to compensation? What steps do I need to take?
Cases against the government otherwise known as Sovereign Immunity cases can be extremely challenging. There are certain proof and notice requirements when dealing with a government entity. You should consult with a New York attorney to determine if there is a case or claim to pursue based on these facts. Unless there was some kind of code violation, it may be quite a challenge to get an attorney to commit to this case. You should, at least, contact a few attorneys to see if anybody has an interest in taking on the case. Good luck.
You need to work up medicals and if you have a serious injury then an attorney would want to take your case. Moreover, you might have a liability issue as well.
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
I am sorry you were hurt. You should have a confidential consultation with an attorney as soon as possible. All the facts and circumstances need to be reviewed to determine whether someone was negligent or whether your injuries are the result of an unfortunate accident. You can find local attorneys by searching among the profiles here on . Good luck!
You need to serve a Notice if Claim on the NYC Tranist AUthority within 90 days of the accident to preserve your right to sue. It sounds like a very hard case and the Transit Authority is one of the worse defendant's to deal with. They won't offer you much money, if any.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
It's a tough case unless there was some defect or dangerous condition, however, contact a personal injury lawyer in your state to evaluate immediately. Good luck.
The answer does not create an attorney-client relationship and is for informational purposes only.
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You must file a Notice of Claim against the City of New York and the New York City Transit Authority within 90 days of the date of incident.
See http://www.comptroller.nyc.gov/bureaus/bla/filing_claims.shtm
You have a very difficulty case on liability. Generally, an argument that the stairs were inherently slippery will fail and you must show the presence of a foreign substance or other structural defect. In Murphy v. Connor, 84 NY2d 969, the Court of Appeals concluded that, “ absent proof for a fall other than the ‘inherently slippery’ condition of the floor, no cause of action sounding in negligence can be sustained.” You also must prove notice. In view of the time limitaions to file a Notice of Claim, I would urge you to consult with an attorney who specializes in personal injury right away. Cases are fact specific and the merits of your claim may well depend upon the unique facts of your accident.
Please note this communication does not establish an attorney/ client relationship.
