Millions of people rely on the Port Authority of New York and New Jersey every day to commute back and forth between the two (2) states, particularly across New York Harbor. Because these organizations are responsible for overseeing so much traffic, it’s not uncommon for people to be injured on sites under the management of the Port Authority.
If you’re wondering, “Can I sue the Port Authority of New York and New Jersey for getting hurt?” you’re in the right place. The answer depends, so read on to learn more or contact Schwartzapfel Lawyers directly at 516-342-2200 or onlinefor a free consultation.
What Is The Port Authority Of New York And New Jersey?
The Port Authority of New York and New Jersey is the collective organization that oversees traffic and transit between these states, particularly in and around New York Harbor. Millions of people use the ferries, metro transit trains and buses, and other vehicles that are managed, run, and overseen by this large governmental organization.
If you’ve ever needed to commute from New Jersey to New York or vice versa, odds are you’ve relied on the resources and transportation materials of the Port Authority of New York and New Jersey at least once!
Is It Possible To Sue The Port Authority Of New York And New Jersey?
While it is possible to sue the Port Authority, many people worry about suing government organizations. There is a mystique around suing these kinds of organizations because they’ve been around for a long time, and they are quite large.
Plus, the government makes it a little more difficult to sue the Port Authority than suing some other organization, like a civilian agency or contracting company. This is to prevent frivolous lawsuits from slowing the Port Authority down or preventing it from carrying out its necessary duties.
Still, make no mistake: You can sue the Port Authority of New York and New Jersey for getting hurt. You just need to have sufficient grounds to do so and to recover compensation.
Grounds For Lawsuits Against the Port Authority Of New York And New Jersey
What happens if everything doesn’t go according to plan, and you are injured while using the services of the Port Authority of New York and New Jersey? For example, what if you slip and fall in a New York subway station heading to work because there was a slippery puddle or patch of ice that wasn’t cleaned up by staff? Do you have grounds for a lawsuit?
The answer is a bit complicated, and it depends on a few different factors. Let’s take a look at the circumstances that may allow you to sue the Port Authority of New York and New Jersey.
The Port Authority Displayed Clear Negligence
First and foremost, the Port Authority has to have displayed clear negligence regarding your injuries or the circumstances that led to your injuries. For instance, let’s return to an example of slipping and falling in a New York subway station.
Imagine that you are going to work, and there’s a patch of ice ahead of you in front of the subway, where the doors are open. There’s no warning sign or wet floor sign, so you cross the patch of ice, slip, and injure yourself.
In this case, the Port Authority may be found liable because it displayed clear negligence regarding your safety. In legal contexts, negligence is only possible when:
- A person or party had a duty or standard of care to another party, such as you
- The person or party breached or violated the standard of care
- The violation of the duty of care or standard lead to demonstrable injuries
The above example fits the bill in every respect. However, other examples of accidents on Port Authority property may also qualify, such as:
- Being in an accident on a Port Authority vehicle, like a ferry, bus, or train
- Being abused at the hands of an employee of the Port Authority
The Port Authority always has a duty of care to people who use its services no matter what.
You Filed Your Lawsuit On Time
In addition to the above, you must file any lawsuit against the Port Authority quickly.
According to New York State law, Port Authority claims are subject to a tight statute of limitations. The statute of limitations is the overall time you have to bring a legal matter forward. For example, if the statute of limitations for a particular case type is one (1) year, you have one (1) year from the date of the incident to sue the at-fault party.
In cases against the Port Authority, you have one (1) year to pursue civil damages against this organization. Furthermore, you have to file a notice of your claim (60) days before filing the lawsuit.
For instance, if you were injured on August 2, 2023, you have until August 2, 2024, to sue the Port Authority. However, you must file your intent to claim damages against the Port Authority (60) days prior to that.
If you don’t file your claim before the statute of limitations expires, it will likely no longer be valid, no matter what evidence you have.
What Injuries Might The Port Authority Of New York And New Jersey Be Responsible For?
Many different accidents and incidents can occur on property owned and overseen by the Port Authority of New York and New Jersey. Some common examples of injuries and incidents include:
- Slip and fall accidents, which can lead to broken bones, lacerations, concussions, and more
- Vehicle accidents, which can lead to the same injuries or more severe injuries like paralysis, blindness, severe lacerations, and more
Many of these injuries may incur very high medical bills, leaving victims with no choice but to sue the at-fault party. If this has occurred to you or a loved one, it’s in your best interest to contact Schwartzapfel Lawyers right away online or at 516-342-2200.
Damages from a Successful Injury Lawsuit Against Port Authority Of New York And New Jersey
If you successfully sue the Port Authority of New York and New Jersey, you could recover damages to pay for a variety of things, such as:
- Past and future medical bills for any expenses that are directly related to your injuries
- Damages to compensate you for lost income if you had to spend time away from your workplace because of your injuries
- Further damages for pain and suffering
- Compensatory damages for loss of companionship if a loved one was wrongfully killed in an accident
- And more
What Happens If You Are Partially Responsible For Your Injuries?
In any lawsuit against the Port Authority of New York and New Jersey, you may be held partially responsible for your injuries based on the examination of available evidence. In instances such as this, rules of pure comparative negligence may be applied.
Pure comparative negligence means that both parties in an incident or accident may be held partially responsible for the damages sustained by one or more victims. For instance, if the court finds that you are 40% responsible for your injuries and the Port Authority is 60% responsible, your damages would be reduced by 40%.
Imagine that you originally would have received $100,000 in damages for your medical bills and more. Under rules of pure comparative negligence, you may only receive $60,000 instead.
Because the possibility of you being found partially responsible or liable for your injuries always exists, it’s a good idea to get in touch with knowledgeable lawyers like Schwartzapfel Lawyers right away online or at 516-342-2200 at the earliest opportunity. We can tell you whether it’s wise to file a full lawsuit or to pursue some other means of legal recourse, like arbitration.
Contact Schwartzapfel Lawyers Today
No matter the details of your case, the only way you’ll be able to successfully sue the Port Authority of New York and New Jersey is with knowledgeable lawyers on your side. The right attorneys can gather evidence for you, help you determine the wisest course of action and much more.
It all starts with a free case evaluation. To get in touch with Schwartzapfel Lawyers’ seasoned team, contact us today at 516-342-2200. It would be our honor to fight — and win — for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers P.C. | Fighting For You
Negligence | Wex | US Law | LII / Legal Information Institute
B.21 – The Port Authority of New York and New Jersey | The Geography of Transport Systems
Statute of Limitations for Civil Cases by State | Nolo
Comparative negligence | Wex | US Law | LII / Legal Information Institute
