New York City Subway Platform Gap Injury Lawyer
The gap between a subway car and the platform edge is one of the most dangerous, and most overlooked, hazards in the New York City transit system. Every day, millions of passengers board and exit trains across hundreds of stations throughout Manhattan, Brooklyn, the Bronx, Queens, and Staten Island, trusting that the infrastructure beneath their feet is safe. When that trust is broken, a leg can slip through before anyone has a chance to react. The injuries that follow, fractures, crush injuries, torn ligaments, spinal trauma, are often severe, and the path to compensation is anything but straightforward. If you or someone close to you was hurt falling into or getting trapped in a subway platform gap, you need a New York City subway platform gap injury lawyer who understands exactly how these claims work and what it takes to win them.
Suing the Metropolitan Transportation Authority is not like filing a standard personal injury claim. The MTA is a public authority, and New York’s notice of claim laws impose strict procedural requirements that can permanently bar your case if you miss them. The timeline to act is shorter than most people expect, and the agency has a legal team experienced at minimizing or defeating claims before they reach resolution. Platform gap injuries present specific liability questions tied to station design, the age of rolling stock, maintenance records, and whether posted warnings were adequate. These cases require focused preparation from the start.
Cohan Law Firm represents injury victims across New York City, including those hurt in subway accidents involving platform gaps, sudden stops, doors, and station hazards. Our attorneys understand the procedural landscape that governs MTA claims and the evidence that actually moves these cases toward meaningful outcomes.
Why Cohan Law Firm Handles MTA Platform Gap Cases Differently
Recovering compensation from a public authority like the MTA requires more than general personal injury experience. It requires attorneys who have handled transit liability claims, know how the notice of claim process works in practice, and understand what documentation the MTA will scrutinize and what they will try to hide. Cohan Law Firm has recovered over $100 million for accident victims in New York City, and that track record reflects litigation against some of the most well-resourced defendants in the country, including large commercial insurers and institutional defendants.
Our attorneys come from large firm backgrounds, which means they understand how institutional defendants prepare their defenses. That background matters when you are up against an agency with decades of litigation experience. Several of our attorneys are members of the Multi-Million Dollar Advocates Forum, a recognition available only to trial lawyers who have secured verdicts or settlements of $1 million or more. We also carry over 550 five-star client reviews, with clients consistently noting that our team kept them informed, responded promptly, and treated them with genuine respect throughout the process.
We use AI-powered legal technology to analyze evidence, identify patterns in station maintenance histories, and build the factual record that platform gap cases require. We handle consultations and sign retainer agreements digitally, so you can retain us and move your case forward without having to travel to an office while you are recovering from a serious injury. We call you. We update you. We work around your situation, not the other way around.
Types of Platform Gap Injuries We See in NYC Subway Stations
- Leg and foot entrapment injuries: A foot or leg slipping into the gap between the car and the platform can result in fractures, crush injuries, degloving, and traumatic amputation. Older stations with curved platforms are particularly prone to gaps that exceed safe tolerances.
- Fall-related fractures and joint injuries: Passengers who catch a foot in the gap and fall before becoming entrapped suffer broken ankles, wrist fractures from catching themselves, and knee injuries including torn menisci and ACL damage.
- Spinal and neck injuries: A sudden fall caused by stepping into a gap can produce herniated discs, cervical strain, and in severe cases spinal cord injuries with lasting neurological effects.
- Head and traumatic brain injuries: When a passenger falls onto the platform floor or against a structural element after catching a foot in the gap, head trauma is a real risk, ranging from concussions to more serious TBI with long-term cognitive consequences.
- Injuries during boarding and deboarding rushes: Station congestion during rush hours at major transit hubs like Times Square-42nd Street, Atlantic Avenue-Barclays Center, and Fulton Center increases the risk that a passenger is jostled or pushed toward the gap without warning.
- Door-related gap incidents: Cases where a passenger is partially on or off the train when doors close can result in being dragged or pinned, with injuries compounded by the gap hazard below.
- Inadequate “Mind the Gap” warnings: Where posted warnings are missing, obstructed, or where the gap has been known to be excessive without repair, station liability arguments extend beyond simple premises claims into negligent maintenance and systemic failure.
What to Do After a Subway Platform Gap Injury in New York City
The procedural rules governing claims against the MTA are not forgiving. Under New York law, a notice of claim must be filed with the MTA within 90 days of the date of the accident. This is a hard deadline. Missing it does not simply complicate your case; it can end it entirely, regardless of how serious your injuries are or how clearly the gap hazard caused them. If you were hurt in a subway platform gap incident, preserving your right to sue starts the moment you are physically able to take action.
At the scene, if you are able, have someone photograph the gap where you fell, the surrounding platform, any warning signs that were present or absent, and the car exterior. If there were witnesses, collect names and contact information before they board the next train. Report the incident to station personnel and request that an incident report be filed. Get a copy of that report or at minimum document who you spoke to and when. Your medical records from that day forward are critical evidence, so seek treatment promptly and keep records of every appointment, every prescription, and every specialist referral.
The MTA will investigate the incident from its own perspective. Surveillance footage from station cameras can be invaluable, but it is typically retained only for a limited period. An attorney can send a preservation letter to prevent that footage from being overwritten. The same is true for maintenance logs, inspection records, and prior complaint records related to that specific gap location. These records often reveal that the hazard was known and unreported for weeks or months before your injury.
After a notice of claim is filed, the MTA has the right to conduct a hearing under Section 50-h of the General Municipal Law, where you will be questioned under oath before litigation formally begins. Preparing for that hearing with counsel is not optional. Missteps in that testimony can affect the trajectory of your entire case. Claims against the MTA are filed in New York Supreme Court, most commonly in the county where the accident occurred, which for subway incidents could be New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, or Richmond County (Staten Island).
How Liability Works in MTA Platform Gap Claims
The MTA and its subsidiary New York City Transit have a legal duty to maintain subway stations and train cars in a reasonably safe condition for passengers. Platform gap cases often hinge on whether the gap at the location of the injury exceeded safe tolerances, whether the agency had notice of that condition, and whether warnings or physical barriers were adequate. These are not abstract arguments. They require pulling maintenance records, analyzing station blueprints, reviewing prior accident and complaint histories, and often working with engineering or transit safety experts who can opine on industry standards.
New York applies a pure comparative negligence framework, which means that even if the MTA argues you were partially responsible, such as by being distracted or standing too close to the edge, any recovery is reduced by your percentage of fault rather than barred entirely. Defense arguments around comparative fault are common in these cases, and the MTA’s legal team is trained to deploy them. Having an attorney who can document the hazard independently and counter those arguments with evidence is the difference between a reduced recovery and no recovery at all.
Platform gap dimensions vary considerably across the subway system. Curved platforms, particularly common in older boroughs, can create gaps that are physically impossible to eliminate without major infrastructure work. That history of known risk, combined with evidence that an individual station gap exceeded safe tolerances at the time of your accident, forms the core of a strong liability theory. Cohan Law Firm works with the evidence that actually exists in these cases, not assumptions, and builds claims that hold up through the MTA’s defense process.
Answers to Questions People Ask About Subway Gap Injury Claims
How long do I have to file a claim against the MTA after a subway platform gap injury?
You must file a notice of claim with the MTA within 90 days of the accident. This is a strict legal requirement under New York’s General Municipal Law, and courts take it seriously. Missing this deadline can permanently prevent you from pursuing compensation, regardless of the severity of your injuries. After the notice of claim is filed, you generally have one year and 90 days from the date of injury to commence the actual lawsuit, but the 90-day notice deadline comes first and is non-negotiable in most circumstances.
What compensation can I recover in a subway platform gap injury case?
Recoverable damages typically include past and future medical expenses, lost wages during recovery, reduced future earning capacity if the injury affects your ability to work long-term, and damages for pain, suffering, and loss of enjoyment of life. In severe cases involving permanent disability, surgical intervention, or ongoing rehabilitation, damages can be substantial. The MTA does not automatically settle cases generously, which is why building a thorough evidentiary record from the beginning matters.
What if I was partially at fault for the fall, such as looking at my phone?
New York’s comparative negligence law allows you to recover even if you were partially at fault. Your total compensation will be reduced by the percentage of fault attributed to you, but it is not eliminated. The MTA frequently argues that injured passengers share responsibility. An attorney can counter those arguments by demonstrating that the gap itself was the primary hazard and that reasonable passengers would not have anticipated or avoided it.
Does the MTA have to pay for my medical bills right away?
The MTA does not pay medical bills as they accrue the way no-fault auto insurance does in car accident cases. You will need to use your own health insurance, workers’ compensation if applicable, or make arrangements with your medical providers pending resolution of the claim. This is a real financial burden, and it is worth discussing with your attorney from the start so you understand the realistic timeline and your options for managing medical costs while the case proceeds.
What evidence is most important in a platform gap case?
Surveillance footage from the station is often the single most valuable piece of evidence, because it shows exactly where you were standing, how the incident occurred, and what condition the gap was in. Maintenance and inspection logs for the specific platform can demonstrate whether the gap was known and unremedied. Prior accident or complaint records from that location are powerful evidence of notice. Physical measurements of the gap taken promptly after the incident, along with expert testimony on what constitutes an unsafe gap dimension, round out a well-built case.
Can I file a claim if I was injured on a PATH train or a Staten Island Railway platform?
PATH trains are operated by the Port Authority of New York and New Jersey, which is a separate public authority with its own notice of claim requirements and timeline. The Staten Island Railway is operated by the MTA but may involve slightly different procedural considerations. The core principle is the same: claims against public authorities require strict compliance with notice procedures, and the deadlines differ from standard personal injury claims. If you were hurt on any transit platform in the New York area, speak with an attorney before assuming the rules are identical across systems.
What if the station was known for having a dangerous gap and nothing was done?
Prior notice is a major factor in these cases. If the MTA had received prior complaints about a specific platform gap, had documented it in inspection reports, or had been involved in prior accidents at that location, that history strengthens a negligence claim significantly. It shows the agency knew or should have known about the hazard and failed to repair it or provide adequate warning. Obtaining that prior notice evidence through litigation discovery is one of the reasons retaining an attorney early, before critical records are lost or discarded, matters so much.
My injury happened during a rush hour crowd push. Does that change the claim?
Crowding and passenger flow management are within the MTA’s operational responsibility. If inadequate staffing, broken platform barriers, or poor crowd control at a busy station contributed to a passenger being pushed toward or falling into a gap, those factors are relevant to the liability analysis. Rush hour incidents at high-traffic stations like Grand Central-42nd Street, Jay Street-MetroTech, or Jackson Heights-Roosevelt Avenue introduce both crowding evidence and questions about what station personnel knew and did.
Can a child or elderly person’s family file a claim if they suffered a gap injury?
Yes. A parent or guardian may file a notice of claim on behalf of a minor child who was injured. For minors, New York law provides some tolling of the statute of limitations, but the 90-day notice of claim requirement for claims against public authorities still applies, so prompt action remains critical. Family members acting on behalf of elderly or incapacitated adults should speak with an attorney immediately to understand their procedural obligations and preserve all available rights.
Is it worth pursuing a case if my injuries were not catastrophic?
Even injuries that seem moderate can have lasting effects, particularly fractures, knee damage, or soft tissue injuries that require surgery or extended physical therapy. The value of a claim depends on the totality of your medical treatment, your time out of work, and the documented impact on your daily life, not just whether you required emergency hospitalization. An attorney can review the specifics of your injury and give you an honest assessment of whether and how to proceed.
NYC Subway Platform Gap Injury Representation Across All Five Boroughs and Beyond
Cohan Law Firm represents clients injured in subway platform gap accidents throughout New York City, including neighborhoods across Manhattan such as Harlem, Washington Heights, the Upper West Side, the Upper East Side, Midtown, Chelsea, the Lower East Side, and the Financial District. We serve Brooklyn communities including Flatbush, Crown Heights, Bed-Stuy, Bushwick, Williamsburg, Red Hook, Sunset Park, Bay Ridge, and Canarsie. Our clients in the Bronx come from areas including Mott Haven, Fordham, Pelham Bay, Riverdale, and Co-op City.
We also represent injured passengers from across Queens, including Flushing, Astoria, Long Island City, Jamaica, Forest Hills, Jackson Heights, Elmhurst, Richmond Hill, and Far Rockaway. Staten Island residents injured at transit stations can reach us as well. Beyond the five boroughs, we handle claims for clients from the communities surrounding New York City who regularly commute into the subway system, including those from nearby areas of Long Island, Westchester, and New Jersey who were injured while traveling through MTA stations.
Speak With a New York City Subway Platform Gap Attorney Today
A platform gap injury can happen in seconds. The claim process that follows takes months, and every step has a procedural consequence. A New York City subway platform gap attorney at Cohan Law Firm can review what happened, explain your options, and begin preserving the evidence that makes these cases winnable. Our consultation is free, our representation operates on a contingency basis, meaning no fees unless we recover for you, and you never have to come to an office to get started.
Call Cohan Law Firm today. We work across New York City and have the experience and resources to take on the MTA on your behalf. Hablamos Espanol.