Injury at BART

I slipped on bird poop on the stairs at BART and broke my foot. This was in March and I am still dealing with the injury. I have had to have two operations including pins in my foot. I just found out that I might possibly need a third operation.

The reason I slipped was because the poop had built up over a period of time because the stations were not being cleaned. The birds at this particular station nest in the light cans above the stairwells going down to the platform and along the underside of the edges of the platform. In early spring the station is loaded with poop. I have since learned that there was not enough janitorial staff to keep all of the stations clean.

After I slipped I had to drag myself up the stairs because the station agent was busy walking his "friend" to her spot in the station - after that he walked right by me while I was sprawled next to the stairs. Unbelievable!

I have been waiting to hear from BART on a decision as to whether they will reimburse me for the costs related to this injury, but it seems to be going nowhere. I only have 60 more days to decide what I should do with this problem. I have been told by several people that BART will not help me financially.

You all seem to be knowledgeable about BART and I have several questions you may might be able to answer:

- Has anybody heard of similar events at any other stations?

- Is BART really that uncooperative when I have a legitmate claim?

- Does anybody have any information on the lack of janitorial staffing stations?

- Does anybody else notice the stations being dirtier than they ever have been in the past?

Thanks All -

If there was ever an opportunity to hire an ambulance chaser to take BART to court it sounds like this is it.

But could you prove it was excessive bird poop that caused your injury?

ABC7 I-Team "7 on your side" will bring this issue to light if you so desire.

Hire a lawyer. It's the job of the BART General Counsel to protect BART from liability and they are never going to admit this was their fault. You are going to have to prove that the bird poop was the proximate cause of your accident and not due to your own negligence. Good luck.

slipped on bird poop!?!, that's a good one; you sound like a real gold digger...obviously you don't have medical coverage or you would take care of this yourself; love how you sensationalize your story by "dragging yourself up the stairs"...get a lawyer and add yours to the multitude of frivilous lawsuits pending litigation

Call Len Tillem who is lawyer out of Santa Rosa and gives free advice on Sat & Sun from 4pm - 7pm on KGO talk radio (810 on the AM radio dial) and also call Michael Finney also on KGO talk radio on Sundays from 10am - 1pm. Michael Finney probably has a contact at Bart he can call for you. Start there for some free advice. http://www.kgoam810.com/home.asp

From
Carolyndelta

LOL knew this lady that did this same thing. 60 minutes did a show also. people slip and fall whereever, like stores. I Love the US, whereelse can you go and not take any responsibility for your own actions.

sounds like it was an accident, or do people really believe that BART or whatever business put that poop there on purpose. Now if BART had poop everywhere and unavoidable, or if they put it there, sue away .. I hope you get rich..

BTW I need to goto MCD and get coffee , then spill it on myself because its hot.. Oh wait someone already did that and won.. (unbelievable)

You should contact an attorney immediately. I can't believe the station agent walked right by you.

I was told by a BART janitor that they subcontract out the cleaning services now so they don't have to pay benefits, etc., so you basically have a bunch of temps doing the cleaning if what he told me was accurate. They don't have enough staff either. I notice that Orinda, Lafayette and Walnut Creek stations are NOTICEABLY cleaner than the rest of them.

Stations with high visibility, or with a certain crowd or person if importance going through get much more attention. When they closed the undergound restrooms was when the ax came down on many of the janitors.. Some tasks are contracted out, example window cleaning..

I like the bird poop crusted street lights too. Anywhere there is glass or a place for dust to settle looks bad.

Orinda, Lafayette, and Walnut Creek are cleaner than many other stations. Why? Maybe the people who use these stations are not filthy turds. There are the same amount of cleaning crews. What else could it be?

orinda lafayette and walnut creek are cleaner because theres not all these dirty niggers and mexicans there.

Lafayette is French for "no blacks". Orinda is Spanish for "no blacks". Moraga is English for "no minorities PERIOD".

You're wrong. There are black students that go to St. Mary's in Moraga on a basketball scholarship with a D average. They would cut in line in the cafeteria. You know the old saying ..."You can take the them out of the ghetto, but you can't take the ghetto out....." Just an observation.

As a BART employee I know they don't sub-contract cleaning.

BART has tried humane methods to get rid of the "flying rats" but they don't work. Some stations have recordings of squaking hawks and squeeling pigeons to try to make the dirty buzzards think pigeons are being eatten. At first it worked, but soon after they just ignored the sound. They also put up pointy strips all around the ledges of the stations but after awhile they ignore those too. Once they tried something (I can't remember, trapping?) but the animal rights zealots came to their rescue.

I personally believe you to be full of bird shit, the Station Agent would be required to fill out an accident injury report. If this was not done because, you did not contact the agent, ask for the agents help, or the agent walked by you and you did not ask for help, then I really find it hard to believe, this event happened the way you say, it did. Sounds to me as if your looking for a quick buck.

I have to agree. I know there are some bad Agents out there but I don't think any of them would walk by a person sprawled at the bottom of the stairs in obvious distress. Did the agent fill out an accident/injury report? Were you taken away by ambulance? If the answer is yes to both, then you have a paper trail. BART is very good about paying medical expenses for injuries that occur on BART property but if you didn't fill out the paperwork what's to stop anyone from claiming they got hurt on BART? Good luck either way.

Well, this person suckered me. This has to be a hoax. How do you fall over bird poop? I thought it was wet and slipperty but this person claims to have fallen over accumulated bird poop. A veritable mountain of the stuff. Get outta here.

The mound of "bird-poop" was actually a decomposing homeless person. This has been an ongoing problem in the inner-city BART stations and the system has been trying to cover it up by disguising them as piles of garbage, bird-droppings and, in some cases, station agents. In rare cases they can be found on the trains themselves occupying the disabled/senior seats near the doors.

What's the difference between bird crap and a homeless person ?

The bird poop smells better and doesn't hang around as long.

Bird poop doesn't smoke crack or play annoying music either. Bird poop also smells better than Freddy the Singer that used to frequent the Civic Center Bart Station in SF.

you damn right cowboy, sing it

SPEAKING OF CRAP i SAW A HOMELESS PERSON TAKING ONE IN FROM OF THE DALY CITY STATION CAUSE THEY WOULDN'T LET HIM TAKE ONE INSIDE THE STATION. NASTY

I just posted something about a slip and fall injury I suffered on the BART platform, also in March of this year. Do a search for slip and fall and you can read what happened to me. As my posting says, BART rejected the claim for reimbursement of my medical expenses and time off from work. I'm not sure what the rules are for posting on this site, but we should try to get together to discuss this if it's possible. Are you aware of whether or not we can post our contact info? Please leave a comment on my posting if you can.

Elaine