1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Do I Have A Case

Discussion in 'Accidents, Injuries, Negligence' started by lea2181, Oct 30, 2003.

Thread Status:
Not open for further replies.
  1. lea2181

    lea2181 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    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?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    8,962
    Likes Received:
    517
    Trophy Points:
    113

    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...
     

Share This Page

Thread Status:
Not open for further replies.