Who is to Blame for Your PATH Platform Accident?
If you’re a commuter from Jersey City, you know how chaotic it can be to take the PATH to New York City every day — especially during rush hours. One of the most convenient ways to get to and from New York without too much of a hassle, the PATH train system is essential to any city worker. However, it’s also a dangerous place. For instance, let’s say you are rushing to catch a train before it leaves the station. While running to the platform, you slip on a puddle of water that has not been cleaned up by a maintenance crew. You fall, breaking your leg. Now who is responsible for this accident?
When you have an accident on someone else’s property, premises liability tells us that the responsible party will fall to the property owner since he/she failed to keep the area safe for visitors. The same goes for private businesses such as a supermarket or your local convenience store. However, if you get into a PATH platform accident, filing a personal injury claim is a little more tricky since the PATH is owned by a government agency. Unlike a regular premises liability case where you have two years to file a complaint, it’s a little more complicated.
When filing a claim against a government agency in New Jersey, the following steps must be followed:
- A Torts Claim notice must be served to the government agency within 90 days of the accident
- The notice must be served to the proper agency
- Then you have to wait six months before pursuing a lawsuit, allowing the agency to look into the matter
In addition to following these steps, the government agency — in this case, Port Authority — may have its own rules and regulations you must follow.