Question: WHAT WILL IT TAKE TO MAKE THE NEW YORK CITY SUBWAYS SAFE?
Answer: “As paying customers of the New York City Subway System, private citizens need to start suing the MTA and New York City for failing to protect them,” says Legal-Bay Lawsuit Funding CEO, Chris Janish, in a rare Op-Ed.
The statement was made after the unfortunate death that took place on one of New York’s subway cars last week, when homeless entertainer Jordan Neely was killed after being placed in a 15-minute chokehold by passenger Daniel Penny, a former marine.
First, let it be said that there are no winners in this case. No one wants to see a human being die in front of their eyes, and no one wants to see a veteran U.S. Marine as the cause. But until all the facts of the incident are brought to light, there’s just no telling what exactly happened on that subway car.
Neely reportedly acted erratically, raising his voice in frustration at his life circumstances. Penny allegedly perceived him as a threat to himself and his fellow passengers, prompting him to take action. Some say Penny’s response was an overreaction to a person clearly suffering from mental illness, while others have defended the Marine veteran’s actions as valiant. Witness accounts vary greatly, raising more questions than offering answers: Was Neely a violent menace that posed an immediate threat, or was he a vulnerable homeless person having a mental episode? Was Penny simply cosplaying as vigilante or was he in fact a hero that saved his fellow passengers from harm? Regardless, does a random citizen have the right to enact a death sentence, or was the death a completely unintentional accident? Could Penny have loosened his hold at any point over the fifteen minutes he had his arm wrapped around Neely’s neck, or was Neely too dangerous to even consider letting go? And possibly, most importantly: Why weren’t police on the scene sooner?
To hear our local politicians talk about it, the answers are quite clear. Unfortunately, their opinions are at complete odds with one another, depending on who you’re listening to. Most Republicans see Penny as a hero, stepping up to neutralize an obvious threat. Most Dems think Penny overreacted with his aggressive response, and a helpless person ended up dead because of it. As usual, the truth lies somewhere in the middle, and the courts will hopefully decide once and for all what the true crime was in this situation. But in the meantime, politics have no place in our justice system, because the more important questions concerning the safety of the law-abiding citizens of New York are being lost among all the hot air.
It should be stated that this article today is not about one hotly-contested incident that led to tragedy. (It’s an interesting litmus test to see which side of the argument you fall on when you consider whether Neely or Penny is the victim of the tragedy in question.) It is merely a catalyst to raise the issue of general safety on the subways and bus systems of the largest city in America. There’s no better way to bring attention to a problem than when it’s being thrust in your face, and the latest subway story has now propelled the discussion front and center. Most would say it’s for good reason.
“I’ve been a longtime resident of the New York Metro area,” Janish continued. “I’ve lived most of my life in New Jersey, and had an apartment in Manhattan while working in the financial district for thirteen years. Not since the 1970’s has New York City been such a magnet for crime and chaos. The underground subways have always been a haven for violent criminal activity, but I haven’t seen fear grip the city like this since the blackout of 1979 and the Summer of Sam.”
Honest New Yorkers just want to do their jobs and provide for their families. They need to ride the trains in order to do so. The City of New York and the MTA in particular have a duty to protect their riders. That’s worth saying again – THE CITY AND THE MTA HAVE A DUTY TO PROTECT YOU – LEGALLY!
If you go into a jewelry store in a high-crime area, there’s usually some sort of private security. Why? Because there’s a high probability that an attack or robbery could take place, most likely because one has occurred before. Under the law, that is called “Prior Notice.” Prior Notice means if you know that something can and will happen, then you have a duty to protect your customers from it happening again. This establishes liability in a lawsuit.
The countless violent crimes against innocent New Yorkers over the last few years is enough “prior notice” for the MTA and the city to step up their security efforts.
MTA is a service that millions of New Yorkers pay for. The MTA and city of New York have a duty to protect their customers in light of the surge in recent crime rates. These bad actors have been allowed to terrorize the city with little to no repercussions. With the newly-enacted lax bail laws in New York, petty crimes can become a revolving door of release and reentry, allowing perpetrators to escalate toward committing more serious crimes.
One could argue that such laws contributed to the turn of events leading up to Jordan Neely’s death on that subway. Neely had numerous prior arrests and a documented history of mental illness. Had Neely been held on any one of those 40+ charges—or more humanely, housed in a supervised medical institution of some sort—he wouldn’t have even been on the train that day. Basically, the legal and medical systems utterly failed him, setting off a domino effect that ended in his untimely death.
In the meantime, the protective services in this city are failing us. Have you had enough of not feeling safe, or worse, actually been attacked on the subway yourself? Well, then it may be time to think about retaining a lawyer and suing. Because guess what, if more honest citizens flood the court system with cases against the MTA and the city, a statement will surely be made.
NYC and its policies must shape up or be prepared to face an onslaught of liability lawsuits for not protecting their paying customers, just like any other business in America is required to do.
Legal-Bay does not advocate individuals filing frivolous lawsuits (the legal finance industry has been accused of that before), however, individuals with serious injuries should look for someone to pay for a way to get their lives back in order. That’s what the court system is for. We don’t live in a country where it’s okay to get your head smashed in while riding the subway, then simply say “Oh well, no one is to blame.”
The policies are to blame. And if you don’t like the policies, then this is a way to level the playing field against corrupt politicians and their nonsensical procedures. Make them rethink their stance. Hit them where it matters most: In their bottom line.
Legal-Bay helps clients in need of legal services, whether it’s to offer guidance while hiring an attorney or obtaining lawsuit funding once your case has commenced. Legal-Bay does not fund litigations directly, nor do they fund clients that aren’t already working with a law firm. If you’ve already obtained a lawyer and need a cash advance against your impending lawsuit settlement, Legal-Bay can help you. If you need money and don’t yet have a lawyer, then we might be able to help find you one. That’s what makes Legal-Bay one of the best lawsuit loan companies in the industry—our dedication to helping our clients with every aspect of their case so they can get the justice they’re entitled to.
Many people refer to these funding services as a lawsuit loan or lawsuit loans, or a pre settlement loan or settlement loans. However, they are not loans at all. The money is anon-recourse cash advance which means you only repay the funds if you win your case. There is no risk with lawsuit funding. If you lose, you owe nothing. If you win, the funder is paid out of the proceeds from your settlement, plus a small fee to repay the risk they’ve taken on your case. Legal-Bay will never ask you to pay out of pocket for any of our services. Ever.
If you have been attacked on the subway and sustained serious personal injuries, mental anguish, PTSD, or lost wages from missed work and need help with your lawsuit or potential lawsuit, Legal-Bay might be able to help you. We can not ascertain the viability of your case or the settlement values or settlement amounts you can expect to receive from your lawsuit against the MTA or New York City, but a lawyer can discuss this with you. Payouts are normally dependent upon your specific case and severity of your injuries, whether they be mental, physical, or both.
Again, any advice from a lawyer would also be of no cost to you. Whether you’re embarking on the process of obtaining a lawyer to merely discuss your case or need funding on a lawsuit already filed, Legal-Bay ensures that your evaluation is completely free. We are here to help you in anyway we can. And if we can’t, we will at the very least do our best to answer all your questions, as we are recognized industry-wide for our premium customer service.
We urge everyone to be safe while riding the subway, and to help your fellow straphangers in times of distress .Not just because our sense of community is what makes New York the best city in the world, it’s simply the right thing to do. If you need services of any kind, Legal-Bay is just a call away. Our friendly staff is available 24 hours a day by calling toll-free 877.571.0405, or you can access our website HERE for a quick and easy application process.