OAKLAND (CBS SF) — The family of the woman stabbed to death on an Oakland BART platform on Wednesday said they are planning to sue the transit agency.

Nia Wilson and her sister were both attacked at the MacArthur Station on July 22.

The Arns Law Firm is preparing to file a lawsuit on behalf of the Wilson family, according to a press release issued Wednesday.

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Their family says BART should have done more to protect riders and that the suspect, John Lee Cowell, should have never been allowed into the station.

Cowell had previously been stopped for fare evasion. He was arrested at the Pleasant Hill station the day after the attack.

The firm said the complaint will allege that violent crime is foreseeable on BART because the system is rife with criminal activity.

“BART has a legal duty to provide the highest care to protect its passengers from assault,” said Robert Arns and Jonathan Davis of the law firm in a statement. “During a time when the incidence of violent crime in Oakland and the rest of Alameda County is decreasing, violent crime on BART is increasing. BART management has failed to come clean with the public about the dangers riders face every day.”

BART responded with a statement from spokesperson Alicia Trost that called the murder of Nia Wilson a tragedy and extended the agencys deepest condolences to the Wilson family.

The statement noted that the suspect was brought into custody because of BART surveillance video and that the safety of riders and employees is a top priority.

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