Understanding Legal Options When You’re Hurt on Public Transportation Property
Every day, millions of people rely on public transportation to get to work, school, or around town. But while trains, buses, and subways may be convenient, the stations, stairwells, and platforms connected to them can pose serious risks. Cracked steps, slick surfaces, faulty handrails, or overcrowded platforms can lead to painful and preventable injuries.
If you’ve been hurt in a transit station or on public transit property, you might wonder:
Do I have the right to sue the city or transit authority?
The answer is often yes—but when the liable party is a government entity, the legal process is more complex and time-sensitive than a typical personal injury claim.
Here’s what every commuter needs to know about holding public agencies accountable after a transit-related injury.
🚧 Common Hazards in Transit Stations and Platforms
Injuries often happen in high-traffic public transportation areas because of poor maintenance, overcrowding, or lack of safety precautions. Some common causes include:
Broken or uneven stairs
Wet or slippery floors
Inadequate lighting
Broken handrails or guardrails
Sudden escalator or elevator malfunctions
Cracked or unstable platform edges
Failure to remove ice, snow, or rainwater
Defective signage or lack of warning about hazards
These issues are not just unfortunate—they can be a sign of negligence on the part of the city, county, or transportation authority responsible for the premises.
⚖️ Can You Sue a Government Entity for Your Injury?
Yes—but the rules are different.
Government agencies, including public transportation systems, are typically protected by a concept known as sovereign immunity. However, California’s Government Claims Act (and similar laws in other states) allows injured individuals to file claims under specific conditions.
You can sue a government agency if:
Your injury was caused by the negligence of the government entity or its employees
The agency failed to maintain public property in a reasonably safe condition
You file a government claim notice within the required time limit (often just 6 months after the incident)
🧾 Filing a Government Claim: What You Need to Know
Before filing a lawsuit against a transit agency (like LA Metro, BART, or MTA), you must first submit a written claim to the agency itself. This is a required step that includes:
Your name and contact information
Date, time, and location of the injury
Description of the incident
Specific damages being claimed (medical costs, lost wages, etc.)
Proof or explanation of the agency’s negligence
If the agency denies your claim or doesn’t respond within the allowed timeframe, you can then proceed with filing a civil lawsuit.
🔔 Important: If you miss the 6-month window to file the claim, you may lose your right to sue permanently.
🧠 Who May Be Held Liable in a Transit-Related Injury?
Potential defendants could include:
Public transportation agencies (e.g., LA Metro, SF Muni, Caltrain)
City or county governments responsible for maintaining public property
Maintenance contractors hired by the agency
Private security companies (if negligent security contributed to the injury)
An experienced personal injury attorney can investigate and determine which party—or parties—were responsible for your injury.
💰 What Compensation Can You Recover?
If your injury was caused by negligence and your claim is successful, you may be entitled to:
Medical expenses (including future care)
Lost wages or reduced earning potential
Pain and suffering
Emotional distress
Rehabilitation or mobility equipment costs
Permanent disability or disfigurement
The amount depends on the severity of your injuries, the circumstances of the case, and whether the agency disputes liability.
📸 What to Do If You’re Injured on Transit Property
Report the incident immediately to transit staff or law enforcement
Seek medical attention, even for minor symptoms
Take photos or videos of the scene, including the hazard
Get contact information from witnesses
Keep records of all expenses and communications
Consult a personal injury attorney familiar with claims against government entities
✅ Conclusion: Government Agencies Aren’t Above the Law
Being injured on public transit property can be traumatic—and many victims mistakenly believe they can’t take legal action because it involves a government agency. But California law allows you to pursue justice if the agency failed in its duty to keep public spaces safe.
If you’ve been hurt due to unsafe stairs, broken platforms, or any other hazard in a transit station, don’t wait. Contact a personal injury attorney as soon as possible to meet strict deadlines and protect your right to compensation.
