Who is Liable if I Slip and Fall on the Subway?
While Los Angeles may not be known nationally for its subway system, Southern Californians know that thousands of people ride the Los Angeles Metro Rail system every day. With so much traffic and activity, accidents are to be expected. Some are relatively minor in nature, but our attorneys at Ellis Injury Law have seen that some accidents – such as slip and falls – can lead to serious or even deadly injuries.
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The first step is determining what caused you to fall
If you injure yourself due to a slip and fall on the subway, in order to determine who may be liable, you first need to decipher whether or not another person or entity was negligent in causing you to fall. For example, if your shoelaces were untied and that is what caused you to fall, then you would not have grounds for a slip and fall lawsuit. However, if the ground had been very slippery all day long due to the rainy weather and high levels of traffic and nothing had been done to make the ground safer for patrons, then you may be able to file a claim with a Los Angeles slip and fall lawyer if you are injured.
What is the subway’s duty of care?
If your slip and fall accident is caused by another person or entity’s negligence, then you may be able to file a personal injury lawsuit. In order to determine whether or not the Los Angeles Metro Rail system may be liable for your accident, it is necessary to examine what the law in California specifies.
Under California law, “(T)he owner of premises is under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm.” In other words, the LA Metro Rail system is obligated to make a good faith effort to keep the subway safe for all patrons by protecting them from any dangerous conditions that the owner knew or reasonably should have known about. What this means is that any dangerous condition should either be fixed, blocked off, or clearly communicated to all patrons within a reasonable amount of time.
Timing is (almost) everything
Note that there is an element of time involved in this area of the law. If someone walking directly in front of you accidentally drops a bottle of ketchup on the ground and you slip and fall as a result, the LA Metro Rail system likely would not be liable for your injuries because there was not enough time to even know about the spill, let alone do anything to clean it up, block off that area, or post a sign giving clear notice to everyone that the floor is slippery.
On the other hand, if someone drops an entire fish aquarium on the ground and gets water everywhere, and you slip on that water four hours later without any notice that the floor was slippery, then the LA Metro Rail system would be more likely to be liable for your injuries. In this case, there was plenty of time for the owner of the premises to learn of the dangerous condition and either clean it up, block that area off to all patrons, or post clear signage warning everyone of the slippery floor.
The right attorney can be invaluable to you
As you can imagine, the owner of the premise will rarely admit fault for your accident. That is why our slip & fall attorneys at Ellis Injury Law always recommend that you hire a qualified personal injury lawyer to investigate the circumstances surrounding your accident, communicate with the owner’s insurance company, and file a slip and fall lawsuit on your behalf if necessary.
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We have earned more than $350 Million in settlements and jury verdicts on behalf of our valued clients. Our success rate is tough to beat, and we give each case the effort and personal attention that it deserves.
No fees unless you win
If you have been injured in a slip and fall accident on the subway, call Ellis Injury Law 24 hours a day to arrange your free initial consultation with a Los Angeles personal injury lawyer. We will not charge you anything unless you prevail.