Legal Question in Personal Injury in California
Southwest Airlines
My mother was a passenger on a
Southwest Airlines flight from
Oakland to San Diego. After landing,
another passenger opened the
overhead bin above my mother's
seat and dropped a heavy laptop
computer bag onto my mother's
right arm, smashing her forearm
against the seat's armrest. There
was a witness and a Southwest
stewardess knew what happened.
Southwest Airlines also has a record
of the incident.
My mother has spent about $1,000
of her own money on medical
treatment for the pain in her right
arm so far. When my mother wrote
a letter to Southwest Airlines asking
them to reimburse her for her
medical expenses, Southwest
Airline's liability insurance company
wrote a letter back that said ''Please
provide us with your theory of
liability of Southwest Airlines.''
Who is legally responsible for my
mother�s injuries? Is Southwest
Airlines liable for my mother�s
injuries? Or is the passenger who
dropped the laptop computer bag
liable for her injuries?
3 Answers from Attorneys
Re: Southwest Airlines
The passenger removing the computer from the bin could be liable for negligence. He/she should have known that materials in the bin shift in flight -- in fact, there's a standard warning, and should have used due care.
Re: Southwest Airlines
There could be a premises liability cause of action against the airline but it would be a tough nut to crack. You would have to show that the airlines knew or should have known about the dangerous condition and failed to correct it. They would have a defense of "open and obvious" as a defense.
You could also go after the airline company who made the place on a products liability cause of action for design defect in that by nature, the way they designed the overhead bins, was the cause of your mother's injuries. Placing a warning sign could be their defense.
In the end your best cause of action is against the passenger who dropped the laptop for negligence. Maybe the airline company could help you identify the tortfeasor. (person who dropped the laptop)
Re: Southwest Airlines
We have handled this exact case, occuring on this airline. It was a computer bag that fell on a passenger's head necessitating a surgery.
Based upon our experience, your only economically viable claim is against the passenger who caused the bag to drop and his/her possible employer, based upon the information you have shared.
However, a claim that the airlines in general should not allow heavy bags in the overhead might be a winner in some circumstances. This is a tough one and does not make economic sense in this case, in my opinion.
In our case the negligent passenger was traveling for his employer, he therefore was within "course and scope" and we purused the employer as well as the negligent passenger.
Our case had additional facts that allowed us to recovery from a party I am not at liberty to disclose.
Our client turned down a multipule six figure offer from the employer at trial. The jury found that there was no negligence on the part of the other passenger. I believe they did so because of the demeanor of our client and his wife during the trial.
The most economical and quickest process to resolve this, in my opinion, is to make a claim on the other passenger's homeowners' insurance policy. The general liability coverage would provide insurance coverage in this situation. If that did not work, bring a small claims case against the other passenger.
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