Legal Question in Civil Litigation in California

Re: damaged computer by falling lady on train

I'm not sure I agree with Mr. Meyer and Mr. Lupoff.

At best you could only hold the woman responsible if she fell due to her negligence. If the train jerked into motion so violently that she can't be faulted for losing her balance then she wasn't negligent and would not be liable (though BART might be).

More important, though, is a doctrine called assumption of risk. We sometimes accept risks in life, and when those risks materialize we can't hold others liable. If you go to a baseball game and get hit in the head by a foul ball you're probably out of luck because you knew something like that might happen and decided to take your chances. Such an injury is a risk we all take when we go to the ballpark.

The same may be true of people losing their balance on the subway. I've seen that happen many times in many cities, though I'm not sure I've seen it on BART in particular. My sense is that you risked an incident like this by operating your laptop on the subway. If that is how the court sees it, then you will lose. Unless BART is so stable that people almost never lose their balance, I think this is how the case will turn out.

Re: damaged computer by falling lady on train

I agree with Mr. Hoffman. The California recently ruled that one assumes the risk of being hit by another golfer's ball. I would think that the same principle would apply to riding public transit. People that are standing on the transit often a jostled about and lose their balance. That is one of the risks of riding public transit.

Re: damaged computer by falling lady on train

Yes, she is liable for the repairs. Yes, this is solely a civil case.

You can (i) call her to request money for the repairs, (ii) file a complaint in small claims court, or (iii) hire a lawyer to write a letter, (iv) call your homeowners or renters insurance carrier to see if they'll cover it.

Re: damaged computer by falling lady on train

Suppose that you had a 1970 Plymouth Cuda on display in a car show and a guest at the show, while admiring your Cuda, was blown into it by a big gust of wind, damaging your $10,000.00 Plum Purple paint job.

Would the person who fell into your Cuda be liable for its repairs? I think so.

Follow Mr. Meyer's direction. Good luck.