People in North Carolina who have struggled to carry a baby’s stroller down a flight of steps may have heard about a 22-year-old Connecticut mother who died doing the same thing in a New York City subway. No elevator was in service. The incident occurred around 8 p.m. on Jan. 28. The baby appeared to be unharmed.
Only about 25 percent of the 472 subway stations throughout the city are accessible. Many lack elevators, and in others, the elevators are often broken. Some people in wheelchairs must be carried up and down stairs despite a danger of falling. In 2017, disability advocates filed a lawsuit arguing that the MTA is in violation of both the federal Americans with Disabilities Act and the New York City Human Rights Law. Furthermore, as this incident demonstrates, the lack of elevators does not only create hazards for disabled people. People with strollers, luggage, minor injuries or stamina issues that make climbing stairs difficult are also at risk.
The MTA has not commented on this specific incident. However, its plan has been to stop up the pace of elevator installations so that no traveler will have to go more than two stops to reach an accessible station by 2025.
When fatal accidents occur as a result of a property owner’s negligence, the family of the person killed might be able to file a lawsuit against the property owner or manager. Only certain family members are permitted to file a lawsuit. If there is a minor child, as in this case, it may be possible to file on behalf of the child. Compensation might include an assessment of the person’s lost income that may help support dependents.
Source: Jezebel, “A Young Woman Fell and Died Trying to Carry Her Baby’s Stroller In a Subway Station With No Elevator,” Anna Merlan, 1/29/2019