2nd Dept Affirms Award in Subway Slip and Fall

The Second Department of the New York Appellate Division has affirmed a $600,000 award for a teenager who was injured in a Brooklyn subway station as a result of a slip and fall. The New York City Transit Authority (NYCTA), a part of the Metropolitan Transit Authority (MTA), had appealed the decision from a lower court, claiming it was not liable for the slip and fall, and also claiming that the award was excessive. The Second Department disagreed, allowing the decision and the award to stand.

Details of the Case

In Olive v. New York City Transit Authority, a then-12 year old boy was walking on a subway platform in Grand Army Plaza in Brooklyn, which is managed by the NYCTA. The floor of the platform was wet, making it slippery. As a result of the slippery conditions, the boy slipped and fell, suffering serious injuries. His family sued NYCTA to recover for the injuries the boy suffered.

The Consequences of the Accident

As a result of the accident, the boy suffered a bone bruise on his right hip, as well as a tear in the anterior labrum and iliotibial band (“IT”) syndrome, which are significant muscle injuries. Five years later, he was diagnosed with trochanteric bursitis, which is an inflammation of fluid sacs near the hip. The effects of the injury, including the bursitis, eventually required surgery to reduce pain and inflammation.

The Lower Court Decision

NYCTA attempted to claim that it was not liable for the boy’s injuries because the boy had been fooling around with friends at the time of the accident, which contributed to the accident. While the lower court agreed with this assertion by the defendant, it nevertheless did not excuse the NYCTA’s failure to maintain the platform. As a result, the plaintiff won, and was awarded $600,000 in pain and suffering damages.

The Appellate Division Decision

On appeal, NYCTA attempted to argue once again that the plaintiff’s comparative negligence in fooling around on the subway platform meant that it was not responsible for his injuries. It also attempted to argue that the pain and suffering award was excessive and should be reduced. The Second Department denied both requests, agreeing with the lower court’s assessment of the NYCTA’s liability and stating that the award was proper given the injuries the plaintiff suffered.

If you have been injured due to someone else’s negligence, seeking the advice from an attorney experienced in personal injury law will help assure you get the compensation you deserve. The lawyers at Levine and Slavit, PLLC assist clients in collecting the damages they need to cope with being the victim of negligence. For more information or to schedule a consultation with our New York personal injury lawyers, call (888) LAW-8088 or fill out our contact form.

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