By Vito A. Cannavo
In the event of an emergency when a sick, injured, or disabled person falls from a subway platform and onto the tracks, the conductor of an oncoming train has an obligation to do everything possible to avoid striking that person.
Generally, New York law gives subway conductors discretion over how quickly a train can enter and leaver a subway station. In cases where a subway train strikes a person on the tracks, the Transit Authority will often try to hide behind this general rule to shield itself from liability to the victim.
However, in an emergency when a person falls onto the subway tracks, the conductor of an approaching train must avoid striking that person if the conditions allow. For example, in Stanley v. New York City Transit Authority, 45 A.D.3d 832, 847 N.Y.S.2d 111 (1st Dep’t 2007), the plaintiff became ill while on the platform, passed out, and fell onto the tracks, where he was struck by an oncoming train. The Transit Authority moved to have his case dismissed based on the train conductor’s testimony that he took emergency measures but was not able to stop the train in time to avoid the accident. Although the trial court granted the motion, the Appellate Division reversed that decision, ruling that it was for a jury to decide, based on the location of the train when the plaintiff fell onto the tracks, whether the conductor could have stopped the train in time to avoid hitting him. Thus, the plaintiff was allowed to present his case against the Transit Authority to trial.
New York law gives some considerable concessions to the Transit Authority in personal injury cases. Nevertheless, train conductors must always do everything possible to avoid an accident. When a person falls onto subway tracks, the Transit Authority can be held liable if a train conductor fails to act in enough time to avoid an accident.
Vito A. Cannavo – New York City Premises Liability Attorney – New York Personal Injury Lawyer handling premises and municipal liability related litigation, medical malpractice cases and other general litigation matters