A Brooklyn jury awarded a Brazilian tourist nearly $82 million in a negligence case after she lost her left arm and leg in a 2016 subway accident. The plaintiff, who was 21 at the time, fainted and fell onto the tracks, leading to the severe injuries. Her lawsuit successfully argued the MTA was liable due to decades of data showing the risk of track falls without safety measures.
When a Brooklyn federal jury awarded nearly $82 million to 21-year-old tourist Luisa Janssen Harger da Silva—whose arm and leg were severed after she fainted and fell onto the Atlantic Avenue tracks—it wasn’t just a verdict.
It was a message.
A message about NYC subway safety, long-ignored engineering solutions, and how powerful transit agencies like the MTA handle preventable injuries.
And for everyday New Yorkers who take the subway daily, it raises one critical question:
If something like this happened to me or someone I love… who would be held responsible?
This guide breaks down what this verdict from the NY Post article means, why the MTA is facing increasing pressure, what data shows about rising subway injuries, and how a nyc personal injury lawyer builds these cases under New York law.
What’s In This Guide
- The $82M subway accident verdict — what happened and why the jury ruled this way
- What the MTA knew (and ignored) about platform safety
- Train strikes are rising — and NYC riders are paying the price
- Why subway accident cases are legally different from typical injury claims
- Who may be liable in a subway accident
- How a subway accident attorney builds these cases
- What this means for subway riders in 2025 and beyond
- How Chaikin Trial Group fights the MTA
The Brooklyn Subway Accident That Led to an $82M Verdict
According to court filings and reporting from the New York Post (Nov. 25, 2025), da Silva fainted on the platform, fell onto the tracks, and was run over by an oncoming train. She survived after 24 days at Bellevue—but lost her left arm and left leg.
Last week, a federal jury decided the MTA was responsible.
The reason? Something the jury called “a preventable hazard.”
Her attorneys presented 15 years of MTA data showing that:
- Riders falling onto the tracks is not rare
- The dangers of platform edges were well-documented
- Technology to prevent falls existed
- Multiple companies—including Faiveley Transport—offered to install platform screen doors for free
- The MTA “walked away” and never pursued the proposals
This was the heart of the lawsuit:
The MTA knew the risk. The MTA ignored the risk. And a young woman paid the price.
Case Today (212) 977-2020
What the MTA Knew About Platform Safety (And Didn’t Do)
Evidence presented in trial included
- Internal proposals dating back to 2011 for free platform screen doors, funded by advertising revenue
- The MTA’s own internal assessment of legal risk
- A 2012 MTA memo showing $7 million per year in litigation costs tied to platform injuries
- An admission that several companies provided engineering plans showing barriers could be installed across the system
Despite this:
- No widespread safety study was conducted
- No substantial rollout happened for more than a decade
- Barriers exist today at only 109 stations
The MTA argues physical constraints prevent doors at most stations.
But the jury found those arguments unconvincing.
Train Strikes Are Rising — and NYC Riders Are Bearing the Risk
Data reported by THE CITY (2024–2025) revealed:
- 241 people were struck by trains in 2023, an increase from prior years
- Subway shoves, falls, and train strikes have been trending upward
- Riders with medical conditions or disabilities are disproportionately affected
- Safety improvements have not kept pace with injury rates
With 4+ million daily trips across the system, the risk isn’t theoretical. It’s real.
And when accidents happen, victims often face:
- Catastrophic injuries
- Amputations
- Permanent disability
- Massive medical bills
- A lifetime of rehabilitation
This is why verdicts like da Silva’s matter—they force transparency where agencies resist change.
Who Pays After a Subway Accident?
Under New York law, the MTA may be liable when an accident is caused by:
- Negligent maintenance
- Failure to address known hazards
- Lack of proper safety equipment
- Poor lighting or visibility
- Platform overcrowding
- Train operator negligence
- Ignored engineering proposals (as in this case)
This isn’t the same as a typical slip-and-fall. MTA cases require:
- A Notice of Claim filed within 90 days
- Compliance with unique public-entity rules
- Expert engineering opinions
- Medical-legal documentation
- Aggressive litigation (the MTA rarely settles early)
That’s why riders turn to an experienced subway accident attorney immediately—because the MTA’s legal team starts preparing their defense the second an incident is reported.
How a NYC Personal Injury Lawyer Builds These Cases
At Chaikin Trial Group Personal Injury Lawyers, our work often includes:
- Obtaining surveillance footage (the MTA may try to withhold it)
- Reviewing engineering and operational records
- Analyzing platform design, braking distance, and visibility
- Gathering witness testimony
- Working with medical and biomechanical experts
- Investigating ignored safety upgrades
- Preparing clients thoroughly for depositions
- Fighting the MTA’s “blame the victim” strategy
These cases are won through relentless documentation and strategic pressure—not shortcuts.
And these verdicts don’t just compensate victims.
They create precedent.
They push NYC toward a safer transit system.
What This Verdict Means for NYC & Long Island Riders
This case signals a shift in public opinion and jury sentiment:
- Riders expect safer platforms
- Juries are willing to award eight-figure verdicts
- The MTA can no longer rely on “too expensive” as a defense
- More victims may come forward
- More lawsuits will challenge the MTA’s safety decisions
For everyday riders:
- Document all incidents
- Seek medical care immediately
- Don’t trust the MTA’s version of events
- Contact a lawyer early
- Preserve your rights before deadlines pas
If you or someone you love is injured in the subway, you deserve someone who will fight the same fight da Silva’s legal team fought—and win.
Contact Chaikin Trial Group
We represent victims across New York City, Long Island, and the surrounding counties.
When powerful agencies push back, we push harder.
