Legal Question in Personal Injury in New York

My son was visciously assaulted over the weekend on an LIRR train. The man that delivered the beating got away. My son was rushed to a local NYC hospital with a completely shattered nose, which will require several surgeries to repair. An incident report was filed by the police.

My question is along the lines of whether the MTA/LIRR is legally responsible?

Thanks from a heartbroken parent.


Asked on 12/22/10, 11:17 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Probably not. Railroads do not guarantee the safety of their passengers from assaults by other passengers. Depending upon the facts, though, there may be some basis for a claim. That's the best I can do with the limited information you have provided. I suggest discussing the case in detail with a local attorney to see whether your son might have a viable case against the railroad.

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Answered on 12/27/10, 12:17 pm
Pasquale Calcagno Calcagno & Associates, PLLC

There may be some liability on the part of the railroad but without more facts I cannot give you a certain answer. One issue you want to address immediately is putting the railroad and municipality on notice as there are strict time limits that can prevent you from suing them forever if not complied with.

Call me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation. We have convenient locations all over New York. No fee unless we win your case. Visit us at www.1800wefight.com for helpful legal information.

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Answered on 12/28/10, 10:08 am


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