Bingham v. New York City Transit Authority

In Bingham v. New York City Transit Authority (8 NY3d 176, 864 N.E.2d 49, 832 N.Y.S.2d 125 [2007]) to maintain the sidewalk area where plaintiff allegedly slipped and fell. In Bingham, the Court of Appeals held, "Courts have long recognized that the duty of care imposed on a common carrier with respect to its passengers requires not only that it keep the transportation vehicle safe, but also that it maintain a safe means of ingress and egress for the use of its passengers. This duty has been applied to those areas owned and maintained by others if 'constantly and notoriously' used by passengers as means of approach. Where . . . a stairwell or approach is primarily used as a means of access to and egress from the common carrier, that carrier has a duty to exercise reasonable care to see that such means of approach remain in a safe condition or, where appropriate, to take such precautions or give such warnings as would protect those using such area against unforeseen danger. Whether those means of ingress or egress are used primarily for that purpose would generally be a question of fact." (Bingham, 8 NY3d at 180-181.) The Court of Appeals noted in Bingham that "this duty of care imposed on a carrier to keep approaches and platforms safe has not been extended to common areas in a multi-carrier facility." (Id. at 128 n.)