Mother Sues Bay Area Rapid Transit for Failing to Stop Her Son from Surfing on Top of Its Trains – Law Blog

Youngsters have at all times silly issues for silly causes. Youngsters will endanger themselves to impress their mates or love pursuits, to get consideration or sympathy, or just because their bored. Social media, nevertheless, has given youth impulsiveness a brand new motive for getting youngsters killed.  

Daniel Baran graduated from Lowell Excessive Faculty. On January 29, 2025, Baran climbed out of a BART prepare round Balboa Park Station and died after falling on the tracks. Baran was final seen climbing the rubber areas the place the prepare carriages meet. Baran’s loss of life is a part of an increase of such deaths since 2015 the place standard social media accounts present individuals using atop metropolis buses, trains, and skyscrapers.  

Daniel Baran’s mom introduced a lawsuit in opposition to BART for failing to stop “prepare browsing.” She alleges that prepare company knew that folks had been climbing on prepare to document “browsing” movies for social media. Regardless of this information, BART allegedly allowed riders to “contact the prepare’s exterior and to climb the spacers to the prepare’s roof.” Mrs. Baran claims that trains must be geared up with screens, sensors, or alarms to stop passengers from accessing the outside.  

Would Alarms Have Prevented the Incident?  

An organization can solely be answerable for an harm brought on by its product if the product was defectively designed, manufactured incorrectly, or the corporate failed to supply ample warning in regards to the risks concerned in utilizing the product. The producer should present a warning that adequately instructs customers of the risks posed by the everyday use of the product.  

Typically the one one accountable is the one that had a lapse in judgment. BART trains include doorways per automotive; they’re clearly meant to be ridden from inside. There may be completely no purpose an peculiar particular person must be on high of a prepare. BART actually wouldn’t anticipate a highschool graduate to do one thing as idiotic as to try to “surf” on high of its trains. Screens, alarms, and sensors shouldn’t be essential to cease a authorized grownup from killing themselves for web factors.  

Contributory Negligence 

California follows a pure comparative fault rule. Which means a plaintiff can get better damages proportional to their assigned share of fault. If a plaintiff is awarded $100,000, however is discovered to be 80% at fault, then the award is diminished by 80%. Most jurors would intuitively know that the one that climbs on high of a prepare is primarily answerable for his personal accidents. It’s doable that BART may have accomplished extra to stop individuals from using the highest of their trains, but when the lion’s share of fault falls on Daniel Baran, it’s unlikely that his household would get better sufficient from a lawsuit to be definitely worth the time or the trouble.  

Do I Want the Assist of a Private Harm Lawyer? 

When you’ve got sustained a private harm by the illegal act of one other, then it is best to contact a private harm lawyer. A talented private harm lawyer close to you’ll be able to evaluate the details of your case, go over your rights and choices, and characterize you at hearings and in courtroom.