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After a fall in the subway, on an MTA bus or in a city building in New York, a claim against a public entity needs a written notice of claim, generally within 90 days. A lawsuit usually follows within one year and 90 days – against NYC Transit, sometimes within one year.
Wet stairs at the Nassau Avenue station entrance after the rain, a chipped step on an M train platform in Ridgewood, a bus slamming on its brakes on Grand Street, a slippery floor in a city office. Falls in public spaces happen every day, and the people hurt – often seniors – spend the first weeks focused on getting better. That is understandable, but in cases against public entities, those first weeks decide almost everything.
A claim against the MTA, NYC Transit or the City of New York follows different rules than a case against a private store or building owner. There is a formal notice of claim, a shorter window to sue and extra steps along the way. Below we explain how it works, who the right recipient is and what to do if 90 days have already passed.
What is a notice of claim, and why 90 days?
The starting point is General Municipal Law §50-e. Under it, a notice of claim must be served within 90 days after the claim arises – usually the day of the fall. It is a written document, sworn to by the injured person or someone acting on their behalf.
The notice must include, among other things, the claimant’s name and address (and their attorney’s), the nature of the claim, the time, place and manner in which it arose, and the injuries – as far as they can be described at that point. It is served in person or by registered or certified mail on the person designated to accept papers for the entity or on its attorney.
Serving the notice does not put the case in court right away. Under §50-i, a lawsuit can be filed only after 30 days have passed since the notice was served, and it must be filed within one year and 90 days of the incident. The entity may also call the injured person in for an examination about the fall (a so-called §50-h hearing).
MTA, NYC Transit or the City – who do you file against?
The first task is to establish who owns or operates the place where the fall happened. Subway stations and city buses are run by NYC Transit, which operates within the MTA. For claims against it, Public Authorities Law §1212 requires a notice that complies with §50-e, served on the authority itself – not on the City Comptroller.
The same section contains a trap. The general deadline to sue NYC Transit is one year and 90 days from the incident, but for negligence by an employee in operating a vehicle or other transportation facility, the statute sets a one-year deadline. So a passenger who falls when a bus brakes hard may face a shorter deadline than someone who falls on neglected station stairs. For the MTA itself and its subsidiaries, the rules are in §1276 of the same law.
Claims against the City of New York – for example, after a fall in a city agency building – are filed with the Comptroller’s Office through its online form (not by email). The Comptroller notes that the notice must be filed within 90 days and a lawsuit within one year and 90 days. City-related public corporations have their own rules, so before a notice goes out, it is worth confirming it is going to the right entity.
Bus stops raise the most questions. The shelter, the curb, the sidewalk and the roadway at a stop may belong to, or be maintained by, different entities. Falling while boarding a bus that stopped far from the curb is a different case from tripping on a cracked sidewalk slab a few steps away. Working out which spot and whose duty is involved comes before the notice is drafted.
What shapes a claim after a fall in a public place?
The fall alone does not establish liability. What matters is whether the location was in a dangerous condition (a broken step, a missing handrail, spilled liquid, uncleared ice) and whether the entity knew or should have known about the problem. On a bus, what matters is how the driver operated the vehicle and whether the passenger had a safe way to hold on.
The scope of the claim depends on the type and permanence of the injuries, the course of treatment, lost earnings and how the injury changes daily life. For seniors, for whom a broken hip or wrist often means losing independence, that last factor can be especially important. Costs of care and help at home also count if they became necessary after the fall – keep the receipts and note who helps and how often.
The quality of the notice matters enormously. A wrongly described location, a vague account or a missing injury can make the case harder later, and corrections after the deadline are limited. That is why a notice of claim should not be dashed off on the last day. It also helps to know whether the fall was reported on the spot – to station staff, the bus driver or building security – because that record can later show the entity learned of the incident quickly.
Call us and talk it through in Polish – the consultation is free: 718-383-0100
What if 90 days have already passed?
Missing the deadline does not always end the case. §50-e allows a court, on application, to extend the time to serve the notice – but not beyond the time allowed to start the lawsuit. In other words, that option does not last forever.
The court looks mainly at whether the entity actually knew the essential facts of the incident within the deadline or shortly after. It also weighs other factors, such as whether the injured person was a minor or incapacitated, whether the delay came from an excusable mistake about which entity was responsible, and whether the delay substantially harmed the defense.
In practice, an application for permission to serve a late notice needs solid grounds and quick action. Every additional week lowers the chances, because surveillance footage and repair records may no longer exist.
How to prepare for your first conversation with The Stein Law Group
- The exact location of the fall. Station name, entrance, staircase or platform, bus route and number, building address. A sketch or photo of the spot helps.
- Date and time. As precisely as you can remember, plus the weather that day. An OMNY record or a payment confirmation on your phone can help.
- Photos of what caused the fall. A damaged step, a wet floor, ice, poor lighting. If someone can go back and photograph the spot, do it as soon as possible.
- Witnesses and reports. Names and phone numbers of people who helped, the incident number from station staff, the bus driver or building security, and the ambulance call number.
- Medical records. Emergency room discharge papers, X-rays, physical therapy referrals. The injuries described in the notice should match the records.
The Stein Law Group, with offices in Greenpoint and Maspeth, handles slip-and-fall cases in New York and New Jersey – learn about the cases the firm handles.
Questions and answers
Is a notice of claim the same as a lawsuit?
No. It is a formal notice to the entity about the claim. A lawsuit can be filed only 30 days after it is served, and in cases against the City, within one year and 90 days of the incident.
Are the MTA and the City the same entity?
No. The MTA and NYC Transit are separate public entities with their own statutes. A notice sent to the wrong entity may not preserve the deadline against the right one.
I fell on a bus when the driver braked hard. Is the deadline the same?
Not necessarily. For negligence in operating a vehicle by NYC Transit, the law provides a one-year deadline to sue, shorter than the general one. The 90-day notice applies in both situations.
Can I file the notice myself online?
Claims against the City are accepted through the Comptroller’s online form. Before filing, it is worth checking whether the claim should instead go to the MTA or another entity, and making sure the incident and injuries are fully described.
A fall in a public place is a case with short deadlines, and public entities have well-practiced procedures. On the injured person’s side, the most depends on what gets done in the first weeks: identifying the right entity, photographing the scene and describing the injuries accurately.
If 90 days have not yet passed since your fall – or passed only recently – it is worth talking about your case right away. Schedule a conversation with attorney Adam J. Stein: 718-383-0100
This article is for general information only and is not legal advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact The Stein Law Group about your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
