Last updated
It depends on the station. Metrolink stations are generally owned by local cities or member agencies rather than by Metrolink, so a claim for a fall may need to go to the city or county agency that owns the property, and possibly to others.
Not every transit injury happens on a moving train. Riders get hurt on escalators that stop suddenly, on wet stairs, at platform edges, in broken elevators and in dark parking structures around stations. If you were hurt at an LA Metro, Metrolink or other California rail station, the first question is not only what happened. For an injury on a train or platform in Los Angeles County, see how a Los Angeles train accident attorney looks at the claim. It is who owns and controls the spot where you fell.
The answer decides where a claim goes, which legal rules apply and how fast you must act. This guide explains how station injury claims work in California and what to do in the first days after a fall.
Who Owns the Station Matters
Rail stations in California are not all owned by the railroad that stops there. During track work and closures, see who pays if you are hurt near Metrolink track work.
- LA Metro rail stations. LA Metro operates its rail lines and stations and is a public agency, so claims against it follow the Government Claims Act.
- Metrolink stations. Metrolink’s own planning documents say its stations are generally owned by local cities or member agencies, not by the railroad itself. In Riverside County, for example, the Riverside County Transportation Commission owns the Metrolink stations in that county.
- Shared stations. Some stations serve Metro, Metrolink, Amtrak and buses at once. Platforms, parking, escalators and concourses may each have a different owner, operator or maintenance contractor.
An injured rider may need to send claims to more than one public entity and may also have a claim against a private contractor. Getting the owner wrong can cost time you do not have. Our LA Metro accident lawyer page and our Metrolink accident page explain how each system works. For track rather than station ownership, see our explainer on Metrolink coastal track erosion and who is responsible.
Two Legal Paths: Dangerous Property and Carrier Duty
A dangerous condition of public property
Most station falls are analyzed under Government Code section 835. A public entity can be liable for injury caused by a dangerous condition of its property if the condition created a reasonably foreseeable risk of the kind of injury that happened, and either an employee created the condition or the entity had notice of it in time to fix it or warn about it.
Section 830 defines a dangerous condition as one that creates a substantial risk of injury, “as distinguished from a minor, trivial or insignificant” risk, when the property is used with due care in a foreseeable way. Section 835.2 explains notice. An agency may have constructive notice if the condition existed long enough and was obvious enough that a reasonable inspection system would have found it.
The common carrier duty
Civil Code section 2100 requires a carrier of persons for reward to use “the utmost care and diligence” for passengers’ safe carriage. That heightened duty clearly applies on the train or bus. Whether it reaches a particular spot in a station, such as the platform edge during boarding, rather than an ordinary hallway, depends on the facts and the case law. Ordinary premises rules may apply elsewhere in the station.
A public agency can also be responsible for the negligent acts of its employees within the scope of their work under Government Code section 815.2, such as an operator who closes doors on a boarding rider.
Common Station Injuries
Escalators and elevators
Escalators can stop abruptly, reverse, catch clothing or shoes, or have broken steps and handrails that move at a different speed than the stairs. Elevators can level poorly, leaving a trip edge. When elevators are out of service, riders with disabilities, strollers or luggage may be forced onto stairs. These cases often involve both the station owner and an outside maintenance company, and maintenance records become key evidence.
Platform gaps and falls onto tracks
Gaps between the platform and the train, uneven platform edges, worn warning strips and crowding during service disruptions can lead to falls between the car and the platform or onto the tracks. Whether the train operator, the platform design or both played a part is a factual question that depends on video and records.
Stairs, floors and lighting
Wet or slick floors near entrances, broken stair nosings, loose tiles, missing handrails and poor lighting in stairwells and parking structures cause many station falls. Our premises liability page explains how property injury claims work more generally.
Assaults and crime at stations
Crime alone usually is not enough. In Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, the California Supreme Court held that third-party criminal conduct by itself is not a dangerous condition of public property. There must be a physical feature of the property that increased the risk of the crime. Government Code section 845 also gives public entities immunity for failing to provide police protection or enough of it.
The rules are different on board. Under Lopez v. Southern California Rapid Transit District (1985) 40 Cal.3d 780, a carrier owes passengers the utmost care to protect them from assaults by fellow passengers when it knew or had reason to know an assault could occur and could reasonably have prevented it.
Evidence Disappears Fast
Stations are covered by cameras, but video is often kept only for a limited time before it is recorded over. Maintenance logs, escalator shutdown records, incident reports and inspection schedules can show whether the agency knew about a problem. To protect your claim:
- Get medical care and tell the provider exactly how you were hurt.
- Report the fall to station staff, security or the operator, and ask for a report number.
- Photograph the scene, including the step, spill, gap or broken part, plus nearby signs, station name, platform number and escalator or elevator number.
- Note the time and the train you were boarding or leaving.
- Get witness names and phone numbers.
- Keep your fare record, such as a TAP card or mobile ticket, which can confirm when and where you entered the system.
- Ask a lawyer to send preservation requests for video and records quickly.
The Six-Month Claim Deadline
When a public entity owns or runs the station, Government Code section 911.2 requires a written claim for personal injury within six months after the injury. If the deadline is missed, section 911.4 allows a written application for leave to present a late claim within a reasonable time, not to exceed one year, but it must be granted on limited grounds.
The agency generally has 45 days to act on a claim under section 912.4. If it sends a written rejection, section 945.6 generally gives six months from that notice to file a lawsuit. Starting January 1, 2027, the person signing a claim must also declare that its contents are true and correct on information and belief, as explained in our post on the AB 2529 claim declaration.
Claims against private contractors usually follow the two-year deadline in Code of Civil Procedure section 335.1. Our government claims guide covers the claim process step by step, and our mass transit accident hub explains how these rules apply across California’s transit systems.
Frequently Asked Questions
Can I sue LA Metro if I fell at a station?
Possibly. LA Metro is a public agency, so you generally must first present a written government claim within six months of the injury. A lawsuit can follow only after the claim is rejected or deemed rejected.
Who is responsible for a fall at a Metrolink station?
It depends on the station. Metrolink stations are generally owned by local cities or member agencies rather than by Metrolink, so the claim may need to go to the city or county agency that owns the property, and possibly to others.
What if I was hurt on a broken escalator?
The station owner may be responsible under the dangerous condition rules, and an outside maintenance contractor may also share responsibility. Maintenance and shutdown records are often central to these cases.
Is a transit agency liable if I was attacked at a station?
Not automatically. Crime alone is not a dangerous condition of public property, and public entities have immunity for police protection decisions. Liability may exist if a physical feature of the property increased the risk, or if the attack happened on board and the carrier could have prevented it.
How long do I have to file a claim after a station injury?
Six months for a claim against a public entity under Government Code section 911.2. Claims against private companies generally have a two-year deadline. Acting early protects both.
Talk to us
If you were hurt at a train or subway station anywhere in California, Win Attorneys can help you identify who owns the property and protect your deadlines. Win Attorneys serves clients across California. We speak Spanish and Vietnamese. Call (562) 296-5380 or reach us through our contact page.
Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Visits are by appointment.
This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Laws, agency procedures and published terms can change. Outcomes depend on the facts of each matter. Seek medical care for injuries, and consult a licensed California attorney about your situation.
