In December 2010, nearly 500 passengers were left to their own devices in a stalled A-train car for over 10 hours. To make matters worse, the incident occurred during the middle of a massive snowstorm which shut down the city with two feet of snow. Recently a small number of passengers were paid $2,500 each for compensatory damages. According to the Metro Transit Authority (MTA), the settlement was "fair" for all parties involved.
The incident occurred nearly four years ago, and after several years of negotiations, settlements have been reached with 38 riders. The riders charged the Metro Transit Authority for literally leaving them out in the cold as the train idled without food, water, or heat.
To ensure that the Metro Transit Authority does not unfairly treat stranded passengers, they have implemented a new system comprised of “dedicated customer advocates to ensure the well-being of customers on stuck vehicles.” According to the Metro transit authority, the system has already proven its effectiveness during the course of subsequent storms.
In the State of New York, the period of time one has to sue a government agency, such as the New York City Transit Authority (NYCTA), is shorter than if one was suing a private individual or business. Generally, a person has 90 days to file a notice of claim and 1 year and 90 days to commence a lawsuit against a city, village or town government or their agencies.
Before commencing a lawsuit it is usually required that a notice of claim be filed against the appropriate government agency. Thus, if an individual were seeking to sue the New York City Transit Authority, that individual would be required to give notice of the claim to the New York City Transit Authority. Each government entity must designate an appropriate location where the notice of claim is to be served. A lawyer who was unfamiliar with handling these types of cases may not be prepared adequately represent an injured party against such an entity.
If you have been injured it is always best to consult with an experienced Brooklyn personal injury attorney. Contact Georgaklis & Mallas, PLLC at (718) 238-2400 to learn more.