Injured on the NYC Subway: How Claims Against the Transit Authority Really Work

First thing we check: the calendar

Before we talk about fault, we count days. The subway is run by the New York City Transit Authority, part of the MTA. Under Public Authorities Law § 1212, a personal injury claim against the Transit Authority requires a notice of claim served within the time set by General Municipal Law § 50-e — generally 90 days from the accident — and the lawsuit itself must generally be started within one year and 90 days.

That is a fraction of the three years most people have heard about. A rider who spends two months recovering, then a month deciding whether to "make a thing of it," can lose the claim before it starts. Courts can allow a late notice in some circumstances, but it is never guaranteed, and the request has to be made within the time to sue. After the notice is served, the Authority is also entitled to question you under oath at what is called a 50-h hearing before any lawsuit is filed. Our deadlines guide covers both in more detail.

Second: exactly where it happened

"In the subway" is not specific enough, because different parts of the system can belong to different people. The platforms, trains, mezzanines and most station stairs are the Transit Authority's responsibility. But some street-level entrances run through or alongside private buildings, and some stairways and sidewalk gratings at street level involve adjoining property owners or the City. An accident on a stairway that leads into a department store basement concourse may involve a completely different defendant than one on the platform stairs fifty feet away.

We ask for the station, the specific entrance or stair (most have a number or a street corner), the platform and direction, and the car number if the injury happened on a train. That last detail is printed inside every car, near the doors. It is rarely remembered, but it unlocks the train's records.

Third: what kind of accident it was

Subway injuries fall into recognizable patterns, and each has its own legal test.

Stairs, escalators and slippery floors

These are premises cases. The question is whether the Transit Authority created the hazard or knew, or should have known, about it long enough to fix it. Broken or missing nosings on stair treads, loose handrails, puddles from known leaks, escalators that jerk or stop, and debris left on stairs are the common culprits. Our article on falling down stairs and our guide to the elements of premises liability explain how notice is proven.

The platform gap

On curved platforms in particular, the distance between platform edge and train floor can be wide, and the height may not line up. Claims here often turn on whether the gap was unusual for that location, whether it exceeded what the Authority's own standards allow, and whether warnings were adequate.

Closing doors

Doors that close on a rider who is still boarding or exiting, particularly when a conductor fails to check the platform, can cause serious injuries, especially if the train moves with someone caught.

Sudden stops and jolts

This is the hardest category, and riders deserve to know why. Trains stop and start all the time, and New York courts expect passengers to brace for ordinary movement. To recover for a fall caused by a train's motion, a rider generally has to show the movement was unusual and violent — different in kind from the normal jerks of a subway ride — not just that they lost their balance. Testimony that other passengers were thrown, objective evidence of an emergency brake application, or the operator's own report all help. A rider's statement that "it stopped hard" usually does not.

Assaults and shoves

Crimes in the subway raise different questions. A public authority generally is not liable for failing to provide police protection in the abstract, so a claim usually has to point to something more specific — employees who saw an attack unfolding and did nothing, or a particular condition the Authority controlled. These cases are fact-heavy and should be looked at quickly. For how security cases work generally, see negligent security lawsuits in New York.

Elevators and accessibility equipment

More stations now have elevators, and riders who depend on them — wheelchair users, parents with strollers, older riders — are exposed when they malfunction. Doors that close too quickly, cars that stop out of level with the floor, and lifts that drop or jerk can all cause falls. These are typically treated like other equipment cases: the question is whether the Authority, or a contractor maintaining the elevator, knew or should have known about the problem. Maintenance records and prior outage reports are central, and elevator outages are often logged publicly, which can help establish a history.

Crowding and crushes

Riders are sometimes pushed off balance or knocked down a stairway during rush hour or when service disruptions pack a platform. Claims based on crowding alone are difficult, but they become stronger where the Authority funneled a crowd into a closed or obstructed stairway, or failed to manage a known overcrowding situation at a specific station.

Fourth: the standard of care

Older cases held common carriers to the "highest degree of care." That is no longer the law in New York. Since the Court of Appeals decided Bethel v. New York City Transit Authority in 1998, the Transit Authority, like other carriers, owes reasonable care under the circumstances. That is still a meaningful duty — the circumstances of a crowded underground railway justify real vigilance — but riders should understand that the Authority does not guarantee their safety.

Fifth: the evidence, before it is gone

Here is where speed matters most. The MTA has cameras throughout the system, but footage is not kept forever. The station agent may write an incident report. EMS may have responded. Train crews make reports. The condition that caused a fall may be repaired within days, after which the best evidence is whatever someone photographed.

What we ask clients for, or go get ourselves:

• Photographs of the exact spot, including the stair tread, gap or floor, with something for scale.
• The shoes you were wearing, kept unworn and unwashed.
• Names and numbers of anyone who helped you or saw it happen.
• Any report number from the station agent, police or EMS.
• Your MetroCard or OMNY transaction history showing when and where you entered the system.
• Your medical records from the first visit onward.

A preservation letter to the Transit Authority, asking it to keep camera footage and incident records, should go out right away. It does not commit you to a lawsuit; it simply stops the evidence from being recorded over while you decide.

Sixth: who pays the medical bills in the meantime

This catches riders off guard. New York's no-fault insurance covers injuries arising from the use of motor vehicles, and a subway train is not one. So unlike a crash on an MTA bus, a subway injury generally does not open no-fault benefits. Medical bills go to your own health insurance in the meantime, and if you were on the way to or from work, or working, workers' compensation may be involved. Those payers may later claim repayment from any recovery. If you were hurt on a city bus instead, our bus accident practice page explains the no-fault side.

Seventh: your own share of fault

Expect the Authority to argue you were running for a train, looking at your phone, or wearing the wrong shoes. New York's comparative fault rule, CPLR 1411, reduces your recovery by your share of fault rather than barring it. The 2026 amendment that limits recovery when a claimant is more than half at fault applies to claims governed by the no-fault article — motor-vehicle cases — so a subway platform or stair case generally remains under the pure comparative rule. Our comparative negligence guide explains how that math works.

What these cases look like over time

A claim against the Transit Authority moves through stages: notice of claim, 50-h hearing, lawsuit, discovery of the Authority's records and video, medical examinations, and either settlement or trial. It is slower than many private cases, and the Authority defends itself vigorously. Our overview of the New York lawsuit timeline gives a realistic picture. We take these cases on contingency, and from our office in Fresh Meadows we handle subway claims from stations across Queens and the rest of the city.

Common questions

Can you sue the MTA for a subway accident?

Yes. Claims for subway injuries are generally brought against the New York City Transit Authority. A notice of claim is generally required within 90 days, and the lawsuit within one year and 90 days.

What if I fell on subway stairs?

You will generally need to show the stairs had a defect or hazard that the Transit Authority created or knew about long enough to fix. Photographs of the exact step and any witness information are critical.

Can I recover if the train stopped suddenly and I fell?

Possibly, but it is difficult. New York courts generally require proof that the stop or jolt was unusual and violent, beyond the ordinary movement of a train.

Does no-fault insurance cover subway injuries?

Generally no. No-fault covers motor vehicle accidents, and a subway train is not a motor vehicle. Your health insurance, and in some cases workers' compensation, usually covers treatment in the meantime.

What if I missed the 90-day deadline?

A court may allow a late notice of claim in some circumstances, but the request must be made promptly and within the time allowed to sue. Talk to a lawyer as soon as possible.

This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.