The mother of a man who died in August after he was stabbed while riding the Red Line has filed a Los Angeles wrongful death claim against the Metropolitan Transit Authority. Janie Garay, the mother of Jesse Garay, is alleging inadequate security, passenger car overload, and failure by Metro employees to follow appropriate procedures after the incident.
Jesse, 59, was stabbed on the evening of August 19. Witnesses say that a fight broke out in the crowded train after one passenger started wielding a chain at another, who pulled out a knife and stabbed him. The suspect then ran out of the train when it stopped at the Hollywood/Vine station. Garay died at the scene. A 33-year-old transient has been arrested in connection with the stabbing.
In her Los Angeles inadequate security claim, Janie Garay says that Metro did not properly monitor security cameras, had too many people riding in one train car, and did not employ proper emergency procedures after her son was stabbed. She is seeking damages for pain and suffering, loss of companionship, and funeral and burial expenses.
Property owners are responsible for making sure that their premises have sufficient security so that such incidents do not occur. This responsibility becomes especially obvious when crimes have been known to occur there or in the area in the past. When failure to provide this duty of care allows injury or death to occur, the premise owner can be held liable for Los Angeles personal injury or wrongful death.
Physical assault, stabbings, shootings, sexual assault, rape, and murder can happen because a property owner did not have the appropriate security measures in place. Depending on what type of premise it is, lack of an alarm system, surveillance cameras, sufficient lighting, security personnel, secured entrances and exits, and other measures can create an environment ripe for crimes to happen.
Public venues must also make sure that conditions aren't created on the grounds that can create an atmosphere where violent or property crimes are more likely to happen. For example, failure to implement crowd control can make it easy for robberies and stabbings to occur. It can also create an unsafe environment during an emergency situation or if a fight were to break out. If you believe that inadequate security caused your injuries or the death of a love done, you may have grounds for a Los Angeles premises liability claim or wrongful death case.
Filing a California injury claim against a city is often a precursor to a civil lawsuit. The injured party has, under California Government Code Section 910, within six months from the incident to file to the claim. The city is given time to respond to the claim and if the case isn't resolved then the claimant can go ahead and file a Los Angeles personal injury lawsuit.
Mother of Red Line Stabbing Victim Files Claim Against MTA, Studio City Patch, September 16, 2011
Mother files wrongful death claim from son's stabbing on Red Line, Los Angeles Times, September 16, 2011
Related Web Resources:
Inadequate Security, Justia
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