On August 30, the California Court of Appeals ruled that the lower court erred in throwing out a lawsuit against the city of Los Angeles based on negligence arising from the fatal Blue Line Metro accident. The metro train ran into a car, driven by Sara Tovar, crossing the tracks. Tovar died from her injuries.
According to testimony, Tovar failed to see the flashing lights or hear the train's bells as it approached. Experts testified that inadequate signage existed at the intersection. Charges were dismissed by the court against the Metropolitan Transportation Authority, but allowed to continue against the city. At issue - whether the city maintained a dangerous condition on public property.
When accidents occur on another's property, potential claims for negligence exist if the owner is aware, or shown have been aware of unreasonably dangerous conditions that contributed to or caused an accident. A dangerous condition is one that "creates a substantial risk of injury when such property or adjacent property is used with due care in a manner is which it is reasonably foreseeable that it will be used." Where municipalities or other public entities are involved, the analysis may be more complex, however public entities may still be found liable for injuries caused by a dangerous condition on public property.
For more information, or if you or a loved one has been injured as the result of a dangerous condition, contact the Law Office of Frederick J. Sette, dedicated to helping those injured by the negligence of others for more than 15 years.