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Abstract

This Note discusses municipal tort liability for criminal attacks against passengers. The analysis focuses upon the liability of the New York City Transit Authority (TA). Comparisons are made to other mass transit systems in order to examine various theories concerning the duty owed by the municipally-run transit system to its passengers. Recommendations are offered to construct a clear standard of care with corresponding limits on liability. Further, this Note discusses various safety measures and will analyze the issues of whether the TA has assumed a duty to protect its passengers by developing such measures to combat subway crime and the subsequent funding necessitated by increased tort liability. Ultimately, when a duty is recognized, the TA can avoid an onslaught of litigation by maintaining an efficient security network which would decrease crime and the TA's corresponding tort liability.

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