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NYC Transit Authority didn't own the stairs...



...but it got sued over the fall anyway, because the stairs were used (although not exclusively) for access to its subway. In Bingham v NYCTA, decided Feb. 15, the Court of Appeals ruled that the Transit Authority could be held liable anyway under a duty to maintain safe means of access and egress to its facilities. Justice Graffeo, in dissent:

Beyond its incompatibility with modern trends, the majority rule is troubling because it results in a party being held liable for a condition that it did not create and lacks the power to ameliorate. Where the Transit Authority does not own, occupy or control property, it is not well-positioned to ensure that the property is free of hazardous conditions. A common carrier has no greater right than any other neighbor to enter and repair a defective condition on property owned, occupied or controlled by another, or to erect the barriers or warning signs suggested by the majority.

(via Nicole Black)

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.