are all transportation services that carry people from place to place. Due to the nature of such organizations, exercising care for their passengers is an inherent part of the business. If they fail to exercise care and endanger their passengers in any way, the courts can hold them liable for any resulting injuries. If you’ve suffered an injury on a train or while riding the subway in New York, it’s important to know your rights and the legal options available. Most subways and trains operate under the supervision of a governing body. They have a responsibility to exercise care when performing their duties, and when they fail to do so, they are liable for the damages they cause. If you’ve suffered an injury on a subway or train, you’ll need to assess whether another person or party is responsible for those injuries. This revolves around the legal concept of negligence, which means endangering the welfare of those around you through recklessness, carelessness, or failure to exercise reasonable care. To win your subway or train accident case, you must prove to the court that the defendant was negligent in some way. Depending on the circumstances of your case, you may wind up suing a subway driver who was working under the influence of drugs or alcohol
, a train company that shirked its responsibility to perform thorough maintenance on its vehicles, or a parts manufacturer that provided faulty machinery to a common carrier. If your case requires proving negligence, you must prove the following true to a court:
- The defendant (the person or party being sued) owed the plaintiff (the person or party suing) a duty to act with reasonable care. For example, subway operators must perform their duties while sober and not under the influence of drugs or alcohol.
- The defendant breached this duty in some way. Operating a subway train while intoxicated would constitute such a breach.
- This breach directly resulted in the plaintiff’s injuries. The plaintiff can sue only for injuries directly caused by the incident.