Passenger Trains > NYC: can you sue for poorly maintained trains?

WNYC radio has a follow up on a subway crash last month. Two injured people have filed notice of claim (Basically, we're gonna sue) against the MTA for failure to maintain the subway tracks, etc.

Following the derailment and injuries last month, the (appointed by Governor Cuomo) MTA chief blamed the city of NY and Mayor DeBlasio for "failing to pay its share" of the capital plan. Absent an agreement and funding, MTA can't make major upgrades, etc. "We can't repair this stuff" was widely reported.  A canny lawyer spotted this, and filed the suit.

MTA has tried to walk back the chief's comments, observing that MTA does minor repairs and routine maintenance, and would have entually caught up with bad wheels, worn switch points, etc.  But the damage seems to have been done.

Unfunded!

Unfortunately, a lot of lawyers will sue over the smallest things and blow it so out of proportion
that most agencies will settle to make it go away!! The bottom feeders are probably already
gathering!

Mike

When people are injured because someone failed in a duty--for instance, ran a red light--the person injured has a right to recover the damages that the injured person suffered.  The same is true if a railroad failed to maintain its roadbed and equipment properly, leading to a derailment, causing injuries.  There is nothing new about this; it's been the law for over 150 years.  If people or corporations cause harm, they need to make those who suffered harm whole.  Among other things, that will be an incentive to do better next time.