Subway Injury From Above
As if extensive train delays and overcrowded subway cars were not enough, New York City subway riders also face overhead dangers associated with crumbling infrastructure at subway stations throughout the city.
Recently, at Brooklyn’s Borough Hall station, riders witnessed the aftermath of a collapsed piece of ceiling which landed on the Manhattan-bound platform. According to an FDNY press official, one person was injured but refused medical attention. Customers at the Atlantic Avenue-Barclays Center stop were greeted by large mounds of plaster and debris which fell from the ceiling onto the platform during their commute. No one was injured.
If you or someone you know had a subway injury as a result of falling concrete, plaster, debris, or other materials, you may have a case against the New York City Transit Authority. Cases like these present interesting legal questions. For example, how do you establish that the New York City Transit Authority is liable for your subway injuries? Do you need to prove that the New York City Transit Authority knew or should have known about the dangerous condition existing in the ceiling before the subway injury took place? While a plaintiff pursuing a case against a landowner like the New York City Transit Authority typically must prove that it had either actual or constructive notice of the defective condition which caused the subway injury, it is possible to establish liability without establishing either type of notice. Under the doctrine of “res ipsa loquitur“, the legal principle that the occurrence of an accident implies negligence, a plaintiff may be entitled to present his or her case to the jury in the absence of actual or constructive notice – and use circumstantial evidence to create an inference that the accident would not have occurred but for the defendant’s negligence.
Like in our train derailment lawyers article, it is important in every claim involving the City of New York or any of its agencies that you contact an attorney as soon as possible to ensure that your rights are preserved.
Grandelli & Eskenasi effectively litigates cases involving patrons who have sustained a subway injury by falling debris. If you or someone you know were involved in an accident involving falling objects at a New York City subway station, please contact our office for a free consultation today.
