Ninety days. That is the entire window most injured subway riders get to protect a claim against the MTA. The clock starts the day you are hurt, not the day you decide to call a lawyer, and once it runs out even a clear-liability case is usually gone for good.
Every subway injury claim in New York City runs on the tightest deadline in state tort law. Under Public Authorities Law § 1276 and General Municipal Law § 50-e, you have 90 days from the accident to serve a notice of claim on the New York City Transit Authority, and one year and 30 days from the accident to file suit. Miss either deadline and the case is time-barred no matter how strong the underlying negligence.
Riders injured by a sudden stop, a defective platform gap, a signal failure, a derailment, or a third-rail electrocution need to understand three things quickly: the notice-of-claim deadline, the standard of care the NYCTA owes riders as a common carrier, and how CPLR § 1411 pure comparative fault preserves recovery even when the rider bears partial responsibility.
George Zachary Goldberg · Originally published 2023-11-26 · Rewritten 2026-08-08 · Goldberg & Loren | New York personal injury attorneys
Key Takeaways
- 90-day notice of claim. PAL § 1276 + Gen. Mun. Law § 50-e require a formal notice served on NYCTA within 90 days of the incident. Miss it, and the case is over.
- 1 year and 30 days to sue. PAL § 1276(2) shortens the standard 3-year personal injury SOL under CPLR § 214 to one year and 30 days for MTA/NYCTA defendants.
- Common carrier duty of care. Since Bethel v. NYCTA (1998), the NYCTA owes riders reasonable care under the circumstances, the same negligence standard as any defendant, not the old “highest degree of care.”
- CPLR § 1411 pure comparative fault. Even a rider found 70% at fault still recovers 30% of damages; New York has no bar percentage.
- Article 16 joint and several liability. Where a defendant is more than 50% at fault, they are jointly and severally liable for all economic damages under CPLR § 1601.
- Wrongful death. EPTL § 5-4.1 gives the personal representative 2 years to sue; New York does not currently recognize grief damages, though the Grieving Families Act has repeatedly passed the state legislature only to be vetoed.
- Third-rail electrocutions and subway-surfing minors raise separate duty and comparative fault questions that require experienced counsel.
Injured on the NYC subway? The 90-day notice-of-claim clock is running.
The Scale of the NYC Subway and Why Every Accident Is a Fight
The Metropolitan Transportation Authority operates the largest transit system in North America. The New York City subway alone runs 472 stations across four boroughs, roughly 665 miles of revenue track, and carries more than one billion rides per year.
When something goes wrong at that scale (a rider is struck, a train derails, a platform gap swallows a leg), the injuries are severe and the defendants are governmental. Every claim starts under a specific statutory framework designed to protect the public authority, not the injured rider. Getting the framework right in the first ninety days is more important than any other single decision in the case.
The 90-Day Notice of Claim: The Trap That Ends Most Subway Cases
Public Authorities Law § 1276 and General Municipal Law § 50-e together set the notice-of-claim regime for the NYCTA. A rider who intends to sue the NYCTA must serve a formal, sworn notice of claim within 90 days of the incident. The notice must state the nature of the claim, the time, place, and manner of the incident, and the injuries sustained.
Miss the 90 days and the case is dead. Serve a defective notice and the defense will move to dismiss on the pleadings.
What the Notice Must Contain
- Name and address of every claimant.
- Nature of the claim: negligence, common carrier breach, premises liability, product liability, or wrongful death.
- Time, date, and place of the accident with specificity sufficient to allow the NYCTA to investigate.
- Manner in which the claim arose: how the accident happened, what defect or negligence caused it.
- The injuries and damages sustained, sworn under oath.
Statutory Hearings: The “50-h Examination”
Within 90 days after the notice of claim is served, the NYCTA has the right under General Municipal Law § 50-h to demand an oral examination of the claimant under oath, plus a physical examination. The 50-h examination is not optional. Refusing to appear can bar the claim entirely.
Your attorney should be present at every 50-h examination and should prepare the claimant thoroughly. This is often where the case is won or lost long before litigation begins.
The 1 Year and 30 Days Suit Deadline
Even after a proper notice of claim, PAL § 1276(2) shortens the ordinary CPLR § 214 three-year personal injury statute of limitations to one year and 30 days from the date of the accident. That is the outer limit for filing suit. In practice, the calendar controls every strategic decision, including whether to complete the 50-h examination promptly, whether to negotiate before filing, and how to sequence expert retention.
Why the 90-Day Notice of Claim Ends More Subway Cases Than Any Other Rule
The single most common reason NYC subway injury cases fail is not weak liability or excessive comparative fault. It is a missed or defective notice of claim.
Riders who suffer serious injuries are often hospitalized for weeks. Some are in medically induced comas during the entire 90-day window. Some think they will "wait and see" whether the injuries resolve. Some rely on friends or family who assume the standard three-year personal injury SOL applies. Ninety days feels short only after it has passed.
The remedy: any rider injured in the subway system should consult counsel within days of the incident. Even if litigation is uncertain, the notice-of-claim option should be preserved. Late notice motions under Gen. Mun. Law § 50-e(5) exist but are discretionary and disfavored. Do not build a case around getting one granted.
The Common Carrier’s Duty of Care
The NYCTA is a common carrier. For more than a century New York held common carriers to “the highest degree of care,” but in Bethel v. New York City Transit Authority, 92 N.Y.2d 348 (1998), the Court of Appeals abolished that heightened standard. Common carriers now owe passengers the same duty as any other defendant: reasonable care under the circumstances.
That is not a weak standard. The “circumstances” of a crowded, high-speed transit system carry real and foreseeable hazards, so the reasonable-care analysis remains fact-intensive and often favorable to injured riders. The point is precise: the NYCTA is judged by ordinary negligence, not an elevated duty, and framing a subway case around the retired “highest degree of care” language invites a defense motion.
Where the Duty of Care Matters Most
- Sudden stops and jolts. Standing passengers thrown into stanchions, doors, or other riders. The question is whether the operator braked reasonably given the passengers aboard and the conditions.
- Platform gap and platform edge cases. The gap between train and platform is a known hazard. The duty of care extends to platform design, maintenance, warnings, and gap-filler devices where present.
- Door closure injuries. Doors that close on limbs or bags, including cases involving conductor visibility and door-closing sensors.
- Escalator and stair injuries. Common carrier duty extends to the physical station itself, including escalators, stairs, elevators, and turnstiles.
- Assault and criminal conduct. Foreseeable third-party criminal conduct on the premises can create common carrier liability when security measures were inadequate.
Whose Case Is This: The Defendant Map
Subway injury cases rarely have one defendant. A properly built claim maps every party in the operations chain and preserves every potential source of recovery.
New York City Transit Authority (NYCTA)
Operates the subway. Primary defendant in most cases. Notice of claim required under PAL § 1276 and Gen. Mun. Law § 50-e.
Metropolitan Transportation Authority (MTA)
Parent public authority. Often named alongside NYCTA. Same notice-of-claim regime applies.
Component suppliers
Brake, door, signal, and third-rail component makers. Strict liability under Codling v. Paglia (1973) and progeny.
MABSTOA (bus operations)
Manhattan and Bronx Surface Transit Operating Authority. The same 90-day regime applies to MTA bus crashes, which frequently overlap with a New York City car accident claim.
Track and signal contractors
Private contractors performing track work, signal upgrades, or station rehabilitation. Ordinary CPLR § 214 3-year SOL applies to private defendants, with no notice of claim, and the same work can support a separate New York City construction accident claim.
Individual assailants
Where criminal conduct caused the injury. Often judgment-proof, and most homeowners or renters policies exclude intentional acts, so recovery usually depends on the NYCTA and security-contractor defendants.
Rolling-stock manufacturers
Kawasaki, Bombardier, and other train-car manufacturers where defects in doors, brakes, or wheels contributed. Strict product liability.
Property owners
Where injuries occur at station entrances or exits on private property (mall connections, building lobbies).
Security contractors
Third-party security firms providing station security under contract with MTA.
The Causes of NYC Subway Accidents
Mechanical Failures
Brake failures, defective rails, malfunctioning signal indicators, and broken handrails are recurring mechanical issues. Under its duty of reasonable care, the NYCTA must inspect and maintain rolling stock and fixed infrastructure as a reasonably prudent carrier would. Maintenance records, incident reports, and prior notice of defects become central evidence.
Human Error and Operator Negligence
Operator error (running red signals, exceeding speed limits, improper door closure, failure to observe platform-side riders) is a frequent cause of injury. Every train has an event recorder capturing speed, brake application, door state, and signal indication. Preservation of the event recorder data is a priority action within the first 72 hours.
Track Defects
Rail joint failures, tie deterioration, ballast washouts, and gauge widening cause derailments. The NYCTA’s track geometry car and periodic inspection records are discoverable and often show prior notice of specific defect locations.
Signal Failures
The subway operates on a fixed-block signal system in most legacy sections, transitioning to communications-based train control (CBTC) on modernized lines like the L and 7. Signal failures such as false clears, dropped indications, and dispatcher errors cause collisions and near-misses. The MTA’s signal maintenance history and incident logs are the records that decide these cases.
Third-Rail Electrocutions and Track Intrusions
The 600-volt DC third rail powers the subway and is unshielded except in specific stations with platform-edge barriers. Track intrusion injuries, whether by fall, push, or trespass, can involve premises liability, common carrier duty, and (in criminal push cases) third-party assault liability. The NYCTA’s duty to warn, fence, and shield is fact-specific to each station.
Overcrowding and Platform Incidents
Peak-hour crowding on the Lexington Avenue line, Times Square-42nd Street, Union Square, and other high-volume stations contributes to platform-edge falls, sudden-push injuries, and door-closure entrapment. Common carrier duty extends to crowd management where the NYCTA had notice of dangerous crowding.
Common Subway Injuries and Their Long-Term Impact
Head and Neck Injuries
Concussions, traumatic brain injuries, and cervical injuries from sudden stops, falls, or door strikes. TBI cases in New York frequently require neuropsychological testing, life care planning, and vocational rehabilitation experts. The long-term earning capacity impact often drives case value.
Spinal Cord Injuries
Falls onto tracks, platform-edge falls, and derailments can produce complete or incomplete spinal cord injuries. Paraplegia and quadriplegia cases carry life care plans often exceeding $10 million in future medical and attendant care.
Amputations and Severe Crush Injuries
Third-rail contact, train-under injuries, and door-closure crush injuries produce amputations. Product liability against door mechanism and third-rail component manufacturers can be layered onto common carrier claims.
Internal Injuries and Organ Damage
Blunt-force trauma from derailments and violent stops. Emergency medical care and long-term follow-up create substantial economic damages.
Psychological and Post-Traumatic Injuries
PTSD and acute stress reactions are recognized damages under New York law. Riders who witness serious injury to an immediate family member may have their own bystander claims under Bovsun v. Sanperi where the “zone of danger” requirement is met.
What NYC Subway Injury Victims Can Recover
New York personal injury damages fall into economic (uncapped), non-economic (uncapped in general, subject to CPLR § 4111(f) itemized verdict), and, in some cases, punitive damages. In New York City wrongful death cases, EPTL § 5-4.1 controls the recoverable categories.
| Damage category | What it covers | Cap under New York law |
|---|---|---|
| Past and future medical expenses | ER, surgery, imaging, physical therapy, medical devices, home health, attendant care | No cap |
| Past and future lost income | Wages, salary, self-employment losses, reduced earning capacity | No cap |
| Property damage | Clothing, electronics, personal property destroyed | No cap |
| Pain and suffering | Physical pain, mental anguish, emotional distress | No cap (subject to Article 51 no-fault interaction for auto cases; not applicable to subway) |
| Disfigurement and scarring | Visible scars, amputations, burn disfigurement | No cap |
| Loss of enjoyment of life | Sports, family, career, hobbies, community | No cap |
| Loss of consortium | Spouse's derivative claim | No cap |
| Wrongful death (EPTL § 5-4.3) | Loss of support, services, parental guidance, medical/funeral expenses | No dollar cap; grief damages NOT recoverable pending Grieving Families Act |
| Punitive damages | Egregious conduct, reckless disregard; rare against governmental defendants | Governmental immunity typically bars against MTA/NYCTA; available against private co-defendants |
Comparative Fault Under CPLR § 1411: Pure and Unforgiving to Defendants
New York applies pure comparative fault under CPLR § 1411. A plaintiff’s recovery is reduced by their share of fault but never eliminated by it. Even a plaintiff found 90% at fault recovers 10% of damages. That is a much more plaintiff-friendly regime than modified comparative fault states that cut off recovery at 50% or 51%.
Article 16 and Joint-and-Several Liability
Where multiple defendants share fault, CPLR § 1601 provides that a defendant more than 50% at fault is jointly and severally liable for all economic damages. Below 50%, the defendant is only severally liable, meaning uncollectible shares fall on the plaintiff.
In subway cases, this matters when a private contractor (which may be judgment-proof or under-insured) shares fault with the NYCTA. Building the case to place primary fault on the collectible defendant is a strategic priority.
Subway Surfing and Minor Claimants
Cases involving minor riders (subway surfing, between-car riding, and platform-edge behavior) raise New York’s Bethel v. New York City Transit Authority reasonable-care framework alongside CPLR § 1411 comparative fault. Minor status alone does not eliminate comparative fault, but courts and juries assess reasonableness by reference to the minor’s age and capacity. Parental supervision arguments cut both ways.
The First 90 Days After an NYC Subway Injury
Because the notice-of-claim window is 90 days, the post-incident timeline compresses everything that would normally happen over months into a few weeks.
Days 1-3, medical care and preservation. Get treated at the nearest ER. Do not sign anything the NYCTA hands you. Preserve clothing, personal belongings, and any accident-scene items in your possession.
Days 4-7, report and identification. Obtain your MTA Aided/Accident Report number. If NYPD responded (typical for track intrusions and platform incidents), obtain the police aided card. Identify every witness you can. Many are commuters whose names and contact information will be impossible to reconstruct later.
Days 8-14, retain counsel. Personal injury counsel should be engaged within the first two weeks. Preservation letters go out immediately to the MTA, NYCTA, and any contractors identified in the incident report.
Days 15-30, notice of claim drafted and served. Your attorney drafts the notice of claim covering nature, time, place, manner, and injuries; the notice is served on the NYCTA within the 90-day window with substantial margin.
Days 30-60, medical documentation build. Follow-up appointments, specialist consultations, imaging, and initial treatment records assembled. Photographs of injuries at every stage.
Days 60-90, 50-h examination preparation. The NYCTA typically demands the § 50-h examination within this window. Preparation is intensive: reviewing every prior statement, medical record, and photograph.
Day 90, notice served, examination attended, case theory finalized. The full defendant map is built. Product liability defendants (rolling-stock manufacturers) are identified for separate CPLR § 214 3-year clocks.
The 50-h examination trap. The § 50-h examination is not a formality. Every question can be used against the claimant in subsequent litigation. Adjust for medication effects, translator needs, and comfort with medical vocabulary. Do not attempt the § 50-h examination without counsel present.
The 90-day clock does not pause for hospitalization, grief, or uncertainty. Call today.
Why NYC Subway Victims Choose Goldberg & Loren
Goldberg & Loren’s New York City personal injury team brings the following to every subway case:
- No fee unless we win. Every NYC subway injury case is contingency. No hourly fees, no retainer, no upfront costs.
- MTA/NYCTA notice-of-claim discipline. Every intake starts with the 90-day calendar. Notice of claim and 50-h examination handled with margin, not at the last minute.
- Common carrier doctrine mastery. The reasonable-care standard set by Bethel v. NYCTA is applied consistently across mechanical, operator, track, and premises theories.
- Multi-defendant architecture. NYCTA, MTA, MABSTOA, contractors, rolling-stock manufacturers, and component suppliers, with every source of recovery preserved.
- New York statutory depth. PAL § 1276, Gen. Mun. Law § 50-e/50-h, CPLR §§ 214, 1411, 1601, EPTL § 5-4.1: the specific statutes that shape every subway claim.
- Investigator resources. Scene reconstruction, event recorder data preservation, track geometry expert access, and neuropsychological testing engaged early.
Frequently Asked Questions
Two deadlines run in parallel. First, you must serve a notice of claim on the NYCTA within 90 days of the accident under Public Authorities Law § 1276 and General Municipal Law § 50-e. Second, you must file the actual lawsuit within one year and 30 days of the accident under PAL § 1276(2). Both deadlines are strict. Missing either is typically fatal.
The court has discretion under Gen. Mun. Law § 50-e(5) to grant leave to file a late notice, but only in limited circumstances: infancy, incapacity, the NYCTA had actual knowledge of the essential facts, or the delay caused no substantial prejudice. Late-notice motions are disfavored and frequently denied, so never rely on one as your plan.
Under Gen. Mun. Law § 50-h, the NYCTA may demand an oral examination of the claimant under oath, plus a physical examination, before you can sue. It is not optional. Refusing to appear can bar the entire case. Attend with counsel, prepared thoroughly.
Yes. CPLR § 1411 applies pure comparative fault with no bar percentage. A rider found even 90% at fault still recovers 10% of damages. Comparative fault reduces the award; it does not eliminate it.
The NYCTA is a common carrier. New York once held carriers to "the highest degree of care," but Bethel v. NYCTA (1998) replaced that with ordinary reasonable care under the circumstances. The NYCTA is judged by the same negligence standard as any defendant, and the analysis stays fact-specific to sudden stops, platform gaps, door closures, and operational choices.
Potentially yes, against multiple defendants. The assailant themselves may be liable in tort (though often judgment-proof). The NYCTA may be liable under its common carrier duty of reasonable care where the criminal conduct was foreseeable and security measures were inadequate. Security contractors may share liability. Notice of claim on the NYCTA is required in 90 days regardless of criminal-defendant status.
EPTL § 5-4.1 grants standing to the personal representative of the deceased's estate. The claim must be brought within two years of the death, but the 90-day notice of claim on the NYCTA still applies. Recoverable damages under EPTL § 5-4.3 include loss of support, services, parental guidance, and medical/funeral expenses. Grief and emotional-distress damages for survivors are not currently recoverable under New York wrongful death law; the Grieving Families Act reform bill has repeatedly passed the legislature but been vetoed and is not enacted as of mid-2026.
Potentially yes. New York's Bethel v. NYCTA common carrier framework still applies to minors. Comparative fault under CPLR § 1411 will be assessed by reference to the minor's age and capacity, and the NYCTA's duty to guard against foreseeable subway-surfing behavior is a real theory. These cases turn on the specific facts and require reconstruction of station design, train configuration, and prior similar incidents.
Common carrier duty and premises liability both apply. Escalator, stair, elevator, and turnstile injuries in MTA stations are covered by the same 90-day notice-of-claim and 1-year-30-day suit deadlines. Contractor liability for maintenance may add private defendants under the ordinary CPLR § 214 three-year SOL.
No. NYC subway injury cases are handled on contingency, so there is nothing to pay out of pocket to get started. Case expenses (accident reconstruction, expert witnesses, court filing fees, medical records) are advanced by the firm and reimbursed from the settlement or judgment.
Injured on the NYC Subway? Free Confidential Consultation.
Goldberg & Loren personal injury attorneys, serving New York City and statewide.
5 Columbus Circle, Suite 1501, New York, NY 10019
Sources and Authorities:
- New York Public Authorities Law § 1276: MTA/NYCTA notice of claim and suit limitations
- New York Public Authorities Law § 1276(2): 1-year and 30-day suit deadline
- New York General Municipal Law § 50-e: Notice of claim requirements
- New York General Municipal Law § 50-e(5): Late-notice motion discretion
- New York General Municipal Law § 50-h: Statutory oral and physical examination
- New York CPLR § 214: 3-year statute of limitations (private defendants)
- New York CPLR § 1411: Pure comparative fault
- New York CPLR § 1601: Article 16 several vs joint liability
- New York CPLR § 4111(f): Itemized verdict requirements
- New York EPTL § 5-4.1: Wrongful death cause of action, personal representative
- New York EPTL § 5-4.3: Wrongful death damages categories
- New York Insurance Law § 5102: SUM coverage definitions
- Bethel v. New York City Transit Authority: Common carrier standard of care (New York Court of Appeals, 1998)
- Codling v. Paglia, 32 N.Y.2d 330 (1973): Strict product liability foundation
- Bovsun v. Sanperi, 61 N.Y.2d 219 (1984): Zone of danger bystander claims
- MTA New York City Transit: new.mta.info (retrieved 2026-07-18)
- Gelinas, N. (2023). NYC subway-track deaths soar, driven by social-media dares. New York Post. nypost.com
- Westfall, S. (2022). NYC subway trains kill dozens of people a year. Washington Post. washingtonpost.com
- NBC News. (2025). Kids in New York keep dying while ‘subway surfing’ on top of trains. nbcnews.com
