Subway slip and fall in a station, on stairs or an escalator

A fall in a subway or train station is a claim against the transit agency, so its short notice deadline applies. Call for a free case review.

Call 1-888-759-9151

Free case review by phone at 1-888-759-9151 with the law firm that advertises here. Or write it down and send it.

When you slip and fall in a subway station, time can run out fast. In New York City, NYC Transit, the agency that operates the New York City subway, must get a written notice of claim within 90 days of the fall. This notice is a form or letter that tells the transit agency who got hurt, plus where and when it happened.

Train station slip and fall

When you fall on a wet platform, a damaged stair or a loose grating, your claim is against the transit agency that operates the station. You need to know 2 dates. The first is the deadline for sending the notice. The second is the deadline for starting a lawsuit if the agency hasn't agreed to pay you.

For New York City, you have to file the lawsuit within 1 year and 90 days of the fall. New Jersey's NJ Transit also wants the notice within 90 days, but there you have 2 years from the fall to start a lawsuit.

If you fell on NYC Transit or NJ Transit, the written notice deadline is just 90 days after a fall. Call now for a free case review.

Escalator accident in the subway

If someone falls or gets caught, press the emergency stop button at the top or bottom of the escalator. WMATA, the agency behind Metro in Washington, DC, says the escalator stops and an alarm goes off.

Escalator falls follow the same deadlines as other falls in the same station. What matters is which transit system operates that station, not the spot where you fell.

What to collect for your claim

The claim form from the MTA, which runs the New York City subway, lists what it needs. It's best to collect them early, within the first few days, before they get hard to track down.

Write down the exact place and way you fell, like which station and which step.
Hold on to all your photos and videos, since the form tells you to send every one.
If police made a report, get a copy.
Ask for copies of your medical records.
Write down the number on your MetroCard, or snap a picture showing the back of it.

A claim against NYC Transit belongs with NYC Transit, not with the city's offices, and the NYC Comptroller confirms that. You can talk with a lawyer from the firm through a free case review.

Deadlines for the system you use

Deadlines depend on the transit system. Every system's page has a date check: enter the day you fell to see the last day for the notice and for the lawsuit.

Questions people often ask

Can I get paid for a fall in a station?

That depends on what made you fall and how serious your injuries are. A free case review means a no-cost phone call with one of the firm's lawyers, and it shows you where you stand. Since the notice deadline can be short, making that call soon is worth it.

My fall in California was over 6 months ago. Is it too late?

Not necessarily. In California you can still ask in writing to present a late claim, but only up to one year after the accident. That window is short, so call now for a free case review.

Can I send a note instead of calling?

Yes, you can. A brief form asks for your name, phone number, transit system and date, plus a line or two about what happened. One of the firm's lawyers then calls you.

Find the system where you fell

Send the notice of claim within 90 days: MTA New York City Transit and NJ Transit (New Jersey)
Send the notice of claim within 180 days: TriMet (Portland) and Valley Metro (Phoenix)
Send the notice of claim within 182 days: RTD (Denver)
Send the notice of claim within 6 months: SEPTA (Philadelphia), DART (Dallas), METRO (Houston), LA Metro (Los Angeles), Metrolink (Southern California), BART (Bay Area Rapid Transit) and Muni (San Francisco)
Send the notice of claim within 1 year: Maryland Transit Administration (Baltimore)
Send the notice of claim within 2 years: MBTA (the T, Boston)
Send the notice of claim within 3 years: Sound Transit (Seattle area)
No notice of claim; file a lawsuit within 1 year: CTA (Chicago) and Metra (Chicago area trains)
No notice of claim; file a lawsuit within 1 year and 90 days: LIRR (Long Island Rail Road) and Metro-North (New York and Connecticut)
No notice of claim; file a lawsuit within 2 years: MARTA (Atlanta)
No notice of claim; file a lawsuit within 3 years (DC, Maryland), 2 years (Virginia): Metro (WMATA, Washington, DC)

180 days, 182 days and 6 months are close but not the same: each comes from that state's own law.

Station not on the list? Call 1-888-759-9151 and the firm will check the deadline for it.