Do I Have A Case

[lea2181]

I WAS ATTACKED BY AN EMOTIONALLY DISTURBED PERSON ON A NEW YORK CITY SUBWAY TRAIN. (CHOKED AND HEAD REPEATEDLY SLAMMED ON A METAL POLE) THERE WERE NO OFFICERS ON THE TRAIN OR ON THE PLATFORM AND I HAD TO WAIT FOR OFFICERS TO RESPOND BEFORE HE COULD BE ARRESTED. I HAD A MILD HEAD INJURY AND ABRASIONS TO MY NECK (PICTURES WERE TAKEN BY THE POLICE). IS THE MTA LIABLE FOR NOT HAVING ANY SECURITY PRESENT?

 

[Michael Wechsler]

It is not the MTA's job to ensure that nobody gets hurt. If the emotionally disturbed person kept attacking people and they did nothing and you didn't know and was another person to get hurt, then there might be liability. After all, what could you expect the MTA to do better that they didn't do? They cannot have security at every car...

In order to sue for negligence, there must have been a duty that the MTA breached (reasonably safety perhaps) and that they were negligent in carrying out this duty. I'm not sure I see that here. Sometimes these things happen and your only remedy seems against that disturbed person. Strangely enough, that person may be worth quite a bit of money... it has been known to happen before where the homeless are worth millions... although not often.

I hope you feel better and best of luck...

Originally posted by lea2181
I WAS ATTACKED BY AN EMOTIONALLY DISTURBED PERSON ON A NEW YORK CITY SUBWAY TRAIN. (CHOKED AND HEAD REPEATEDLY SLAMMED ON A METAL POLE) THERE WERE NO OFFICERS ON THE TRAIN OR ON THE PLATFORM AND I HAD TO WAIT FOR OFFICERS TO RESPOND BEFORE HE COULD BE ARRESTED. I HAD A MILD HEAD INJURY AND ABRASIONS TO MY NECK (PICTURES WERE TAKEN BY THE POLICE). IS THE MTA LIABLE FOR NOT HAVING ANY SECURITY PRESENT?