Can I Sue for a Fall on the Subway Stairs in NYC?

A fall on the subway stairs in NYC can change your entire day or life. Whether it’s a broken step, slippery tile, or a loose handrail, poorly maintained transit stations can lead to serious injuries, costly medical bills, and time away from work.

Because public agencies like the Metropolitan Transportation Authority (MTA) and the New York City Transit Authority (NYCTA) own subway stations, your injury may fall under a category of personal injury law known as municipal negligence. If your fall was the result of poor maintenance or a known hazard, you may be eligible to file a claim for compensation. Here’s what you need to know.

Who’s Responsible for Keeping Subway Stairs Safe?

Agencies like the MTA and NYCTA maintain subway stairs and platforms. As public organizations, they have a legal duty to protect commuters from preventable hazards. This duty is where the principle of municipal negligence comes in. If a government agency is aware of a dangerous condition but fails to fix it in a reasonably timely manner, and someone gets hurt, the agency may be held liable.

Their responsibilities include:

• Fixing broken or uneven steps,
• Installing and maintaining handrails,
• Preventing slippery surfaces, and
• Ensuring proper lighting.

In some stations, nearby businesses or buildings share the responsibility for stair maintenance. In these cases, legal responsibility might fall between the transit agency and a private property owner. A detailed investigation can help determine who was legally responsible for maintaining the area where you fell.

Related: FAQ: Getting Compensation for Sidewalk Slip and Fall Injuries in New York

What Causes So Many Falls on Subway Stairs?

Millions of New Yorkers and tourists use the subway system every day. Safety is critical with that level of foot traffic, and when agencies fail to keep stairs in good condition, the risk of injury increases. 

Common causes of injury include:

• Water and slush tracked inside with no caution signs;
• Unstable or broken steps;
• Slippery tile without anti-slip material;
• Broken or missing handrails;
• Trash, bags, or debris left on walking paths; and
• Stairs or platforms with poor lighting.

All stairs need regular upkeep. Public agencies may be legally responsible when they know about a problem (or should know because the hazard has been there long enough).

Common Injuries from Falling on Subway Stairs

A fall on subway stairs can result in serious injuries that take weeks, months, or even longer to heal, including:

• Broken wrists, ankles, or hips;
• Shoulder dislocations;
• Concussions or head trauma;
• Spinal disc injuries;
• Knee damage, including torn ligaments; and
• Deep cuts or facial injuries.

Some injuries may require surgery or physical therapy. Others can impact your ability to work, commute, or handle daily responsibilities.

Getting medical treatment right away not only helps you recover, but it also creates a clear timeline that links your injuries to the incident on the subway stairs.

Can You File a Lawsuit Against the MTA?

You can file a claim against the MTA or NYCTA, but because these are municipal agencies, the legal process is not the same as suing a private business. To pursue compensation, you must first file a Notice of Claim within 90 days of the incident. After that, there is a 30-day waiting period before you can file a lawsuit.

There is also a strict time limit: you have one year and 90 days from the date of the injury to take legal action.

Missing these deadlines can prevent you from recovering compensation, even if the case is strong. That’s why it’s important to understand your rights and act quickly in any case involving potential municipal negligence.

What Do You Have to Prove?

To hold the MTA or a related agency legally liable, you must prove three things:

1. The condition of the stairs was unsafe;
2. The agency knew about the problem or had enough time to discover it; and
3. You were injured because the agency did nothing to improve conditions.

For example, a broken step reported by multiple commuters over several weeks could show that the agency knew there was a problem and failed to fix it. Photographs, witness accounts, video footage, and service records can show what led to the fall.

These details build a strong case around what went wrong and why the municipal agency should have addressed the hazard.

What to Do Immediately After a Fall on Subway Stairs in NYC?

The steps you take immediately after a fall may strengthen your case and protect your health:

• Report the incident to an MTA employee or station agent;
• Ask for an incident report and get a copy, if possible;
• Take photos of the area, including the stairs, handrails, any debris, and lighting conditions;
• Save your MetroCard or any items damaged during the fall;
• Speak to witnesses and get their contact information; and
• Get medical care the same day to document your injuries.

Together, these actions give a clearer picture of how the condition of the stairway contributed to your injury.

Related: 8 Steps to Take Following a New York Slip & Fall Accident

What Can You Be Compensated For?

If negligence on the part of the MTA or NYCTA caused your injuries, you may be entitled to compensation for:

• Emergency room or urgent care bills,
• Surgery and physical therapy,
• Follow-up visits and medication,
• Lost income from missing work,
• Pain and suffering related to the fall, and
• Ongoing or future medical care.

The more clearly you can show how the fall has affected your health, finances, and daily life, the stronger your case becomes when seeking compensation.

Injured on NYC Subway Stairs? Let Ferrante & Koenig Help

The law does not excuse public agencies from their responsibilities. Hazardous subway stairs often lead to serious injuries, and accountability matters when that happens.

Attorneys Anthony A. Ferrante and Jeffrey Koenig have represented New Yorkers injured by municipal negligence for nearly two decades. We know how to navigate the strict rules and timelines that apply to claims against the MTA and other government entities.

Call Ferrante & Koenig now for a free consultation. Let our team help you take the first step after a fall on subway stairs in NYC.