SETTLEMENT REACHED IN STATEN ISLAND FERRY CRASH
In a classic example of the duty that municipal entities have to provide a safe environment for the public at large, a New York Times article reports that New York City has agreed to pay Mr. Shriram Agni a 6.5 million dollar settlement for injuries he suffered in Staten Island. Mr. Agni, 61, was on his way home from work in October 2003 when the Staten Island Ferry rammed into a concrete pier crushing his right leg. Mr. Agni was unable to return to work for a year after he suffered his injury. In addition to Mr. Agni, 11 people died that October day in 2003, and dozens more were injured.
The Times reported that according to the city Law Department approximately two thirds of the 186 claims have been settled, costing the city more than 34 million dollars. Of the $34 million, two of the largest settlements included a man and a woman who lost both legs. Each of them received payments of 9 million dollars.
The settlement comes after federal judge Edward R. Korman of the United States District Court in Brooklyn denied the city’s attempt to cap damages for those families who had family members killed and to those who suffered New York personal injury in the ferry crash. The city made an argument that damages incurred as a result of the crash could be capped under an 1851 law that limited any boat owner’s liability to the value of the boat, minus repair costs. In this case, if that law had applied the damages would have run in the neighborhood of 14 million dollars.
According to the federal judge, the 1851 law was created to encourage investment in the shipping industry at that time, and that the 1851 law was did not apply in this case because of the negligence of the city managers.
Premises liability cases involve accidents that occur due to negligent maintenance, or unsafe and dangerous conditions upon property owned by someone other than the accident victim. Property owners and business establishments have a duty to provide a safe environment for individuals on their premises. In this instance, the city of New York was negligent in its operation of the Staten Island Ferry, which resulted in Mr. Agini’s injury. Determining who is negligent and who will ultimately be held responsible financially for premises liability injuries like this one is tricky business. The experienced personal injury attorneys at Wingate, Russotti & Shaprio, LLP know what questions to ask when it comes to the circumstances behind your accident. Our lawyers can insure the best possible result for your case.
If you or a loved one have been injured as a result of a dangerous or hazardous condition, the premises liability accident attorneys at Wingate, Russotti & Shapiro, L.L.P., would like to meet with you. Please call our office at 212-986-7353 to set up an appointment to discuss your case.
