A U.S. District Court, Eastern District of New York jury verdict was the first successful claim in the U.S. on behalf of a train-strike victim seeking to hold a transit system accountable for failing to install safety barriers or other protective devices. Luisa Janssen Harger Da Silva, a resident of Brazil, while visiting her boyfriend fainted and fell onto the Brooklyn subway tracks. Part of her left arm and leg were amputated. Da Silva was awarded a landmark $70 million for pain and suffering, $10 million for medical expenses, and $1.7 million for future lost earnings on November 29, 2025.
Da Silva’s trial lawyers successfully argued negligence and lack of qualified immunity, while highlighting the use of deposition testimony to expose the MTA’s failure to conduct studies on preventing track accidents, install platform barriers, or track intrusion detection devices.
The jury found that the combined negligence of the Metropolitan Transportation Authority (“MTA”), New York City Transit Authority, and subway operator were proximate causes of the accident. Records revealed that train strikes have occurred two to five times per week since the MTA began tracking accidents in 1987. More than 5,000 people have been hit by trains in the last 30 years. There were 1,600 deaths from people being struck by trains. The accidents include people like Da Silva who fell, fainted, or experienced other medical emergencies, as well as those who were pushed, tripped, intoxicated, or were suicidal or even struck while standing on the platform, her lawyers said. Despite the frequency, scale, and severity of the problem, it was uncovered that the agency never conducted a study on how to prevent riders from falling—or being pushed—onto the tracks prior to the plaintiff’s accident. In response to the lawsuit, MTA began installing fixed-rail platform barriers in 2024.
If you or a loved one has been injured or killed by a train, it is essential to act quickly to protect your rights. Schedule a free consultation with NY wrongful death/personal injury lawyers Friedman & Ranzenhofer, PC by calling or texting (585) 484-7432 now to learn your legal rights and options.