On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Municipal Liability on Tuesday, April 9, 2013.
Public transportation systems, such as busses and subways, enable people to get around New York City fairly quickly. However, it is the responsibility of the city and the Metropolitan Transit Authority to make sure that dangerous road conditions and other hazards are addressed to protect the safety of their passengers. When an MTA accident happens, the injuries can be fatal.
In December an argument allegedly broke out between two men on a subway platform. One of the men, who is homeless, was allegedly recorded telling the other man to leave him alone. The reason for the argument is unknown but moments later, the homeless man pushed the other man as a subway train was approaching. The man died from the impact with the train. Now the family of the victim has accused the MTA of negligence.
While the homeless man is being held for the death of the man, the family has filed a lawsuit against MTA. The contents of the lawsuit are unknown as well as the amount of compensation that the family is asking for. Authorities have said that the homeless man watched the accident happen while the homeless man says the victim was drunk and started the argument.
If the investigation shows that the man’s death could have been prevented through the use of safety rails or other means, the family of the deceased may be able to be awarded money to cover the man’s funeral expenses and any loss of income his untimely death may have caused. Cities and their departments have a responsibility to keep commuters safe and when they fail to do so, victims can claim city liability to seek justice in a court of law.