On Jan. 28 at about 8 p.m., a 22-year-old woman fell in a New York City subway station and died. At the time of the fall, the woman was attempting to carry her toddler while also carrying the baby’s stroller. The woman was taking the stairs because the station on 53rd Street in Manhattan had no elevator. Currently, about 25 percent of the city’s 476 subway stations are accessible to those who can’t use stairs or an escalator.
However, there is no guarantee that the elevators that are in place will work. According to the Metropolitan Transportation Authority (MTA), elevator installation in subway stations is a priority. The MTA plans to ensure that an individual won’t have to go more than two stops before finding a functional elevator by 2025. Disability advocates have sued the state and the federal government saying that the lack of access violates the law.
Specifically, the groups claim that it violates the New York Human Rights Law and the federal Americans with Disabilities Act (ADA). A representative from one of the groups in the lawsuits says that a lack of elevators can be harmful to many groups of people. In addition to parents with young children, those who have poor balance or who are carrying luggage can be at risk of getting hurt on stairs.
Individuals who are hurt or killed because of another party’s negligence may be entitled to compensation. This may be true even if the liable party may be a government agency. An attorney may help the family of a deceased individual take wrongful death action against a potentially liable party. Damages may help cover lost future earnings or put a financial value on the loss of a parent or spouse because of a wrongful death.
Source: Jezebel, “A Young Woman Fell and Died Trying to Carry Her Baby’s Stroller In a Subway Station With No Elevator”, Anna Merlan, 01/29/2019