Visitor Question

Slip and Fall on Train Station Stairs…

Submitted By: Marcia (Manhattan, NY)

As I was leaving work on my way to catch the train I slipped and fell. I was going down the train station stairs into the terminal and I fell. But I got up quick so I was not seen, I continued to walk into the terminal, swiped my metro and went through the turnstile.

As I was downstairs on the platform waiting for the train my wrist was just in so much PAIN, that was unbearable that I started crying and went back upstairs to the booth.

I told the person in the booth exactly what happened and they called the MTA officer and I made an accident report. I waited with the MTA officer for almost an hour for the ambulance to arrive. The MTA officer thought the ambulance was taking too long and asked me if I was able to travel so we went on the train two stops down to the hospital.

After waiting in the emergency room for so long my name was called and I was told I had a broken, actually they said “shattered,” my wrist and it will need surgery. After 5 hours of being in the hospital I was sent home with a full cast from my elbow to my fingers. And I have to return for an X-ray.

What I am wondering is, am I at fault? The stairs were wet because of the rain. I was beyond the green bulb going down the stairs into the terminal, which I was told is state property.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Marcia,

You must start any claim against the City or MTA by filing a NOTICE OF CLAIM. It must be filed with the City within 90 DAYS or you will forfeit your rights to recover. Below is listed the information required on the Notice of Claim.

Once filed you will be contacted by a City Adjuster. She will attempt to compensate you for your medical bills.



Claim must be filed in person or by registered or certified mail within 90 days of the occurrence at the NYC Comptroller’s Office 1 Centre St. Room 1225, New York, New York 10007. It must be notarized. If claim is not resolved within 1 yr and 90 days of the occurrence you must start legal action to preserve your rights.

To the Comptroller of the City of NY: I herewith present my claim against the City of New York



Last Name of Claimant

First Name



Zip Code

Date of Birth

Social Security #

Telephone #

Cell #

Fax #

E-Mail Address


Date of Incident

Exact Location of Incident

Time ( ) AM ( ) PM

Describe how incident happened

Names(s) of Witness(s)

Addresses of Witness(s)

Were Police present at accident site Yes ( ) No ( )

Police Report #

Police Officer’s Names(s)

Shield #


Please attach photos of accident scene and/or damage if available


Date of First Treatment

Location of first Medical Treatment

Was claimant taken by ambulance emergency room

Name of Hospital

Name and address of treating physician(s)

Describe injury in detail

Name & Address of your Health Insurer Policy #

Total Out of Pocket Expenses



Please attach related bills and receipts


Status on day of accident

Amount earned

Days lost

Employed ( ) weekly from work Unemployed ( )

Employer’s Name




Was claimant the owner? If no, name & address of owner

of the vehicle.

Was claimant the Name & Address of Insurance Company Policy #

( ) driver

( ) passenger

Make, Model, Year of Car Claimant was in:

Plate # Registration #

Plate # of NYC Vehicle

Name of City Agency Involved

City Driver


Signature of Claimant

State of New York

County of

I, __________, being duly sworn deposes and says that I have read the foregoing NOTICE OF CLIAM and know the contents thereof: that same is true to the best of my own knowledge, except as to the matter here stated to be alleged upon information and belief, and as to those matters, I believe them to be true

Signature of Sworn before me this day

Claimant + Signature of Notary


Learn more here: Claims for Injuries on Public Property

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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