Marina Baran has filed a lawsuit against the San Francisco Bay Area Rapid Transit District (BART) following the tragic death of her son, Daniel Baran. The complaint was filed on February 5, 2025, in the Superior Court of California, County of San Francisco. The lawsuit alleges that BART's negligence and failure to maintain safe conditions led to Daniel's untimely death.
According to the complaint, on January 28, 2024, Daniel Baran was a passenger on a BART train when he tragically died after coming into contact with the exterior of the moving train. Marina Baran and Alexander Baran, representing themselves and their deceased son, allege that BART failed in its duty to provide a safe environment for passengers. They claim that BART was aware of the dangerous practice known as "train surfing," where individuals climb onto the roof of trains using spacers between carriages. Despite this knowledge, BART allegedly did not equip its trains with adequate safety devices such as monitors or alarms to prevent such incidents.
The plaintiffs argue that BART and its employees were negligent in their responsibilities as common carriers under California Civil Code § 2100. They contend that BART breached its duty by failing to stop or slow down the train when it became apparent that Daniel had contacted its exterior. The lawsuit further claims that BART's actions created a dangerous condition of public property and increased the risk of harm to passengers like Daniel.
In addition to negligence, the lawsuit includes causes of action for breach of mandatory duty and strict products liability against unnamed defendants involved in designing and manufacturing the train components. The plaintiffs seek damages for wrongful death, loss of companionship, emotional distress, and other economic losses resulting from Daniel's death.
Marina Baran is representing herself in this case without an attorney. The complaint requests general and special damages according to proof, interest as allowed by law, costs of suit, and any other relief deemed appropriate by the court. A jury trial has been demanded on all issues against all defendants.
The case is being heard in front of Judge Benjamin Yust under Case No. CGC-25-622178 at the Superior Court of California in San Francisco County.