Business, Legal & Accounting Glossary
Andrews v. United Airlines, 24 F.3d 39 (9th Cir. 1994), was a tort law case involving concepts of negligence, duty of care, and foreseeability.
An airline passenger, Andrews (plaintiff), was injured when a piece of baggage fell from an overhead bin onboard a United Airlines flight. The airline warned passengers on arrival that items may have shifted during the flight and that passengers should use caution. The plaintiff filed suit alleging that the airline was negligent in not taking precautions to prevent an injury that was foreseeable. The district court granted the airline summary judgment on the basis that the airline took adequate measures to prevent injury and the plaintiff appealed.
Did the trial court err by granting summary judgment and not allowing a jury to decide the foreseeability of the plaintiff’s injury caused by the defendant’s negligence?
Yes. The court decided that it was an appropriate matter for a jury to decide. Plenty of potential jurors have been airline passengers and would be well-equipped to decide upon the foreseeability of the injury and the extent to which it could have been prevented. The court opined that common carriers have a duty of the utmost care to their passengers and ought to be diligent in keeping aware of any methods or modern improvements to prevent an injury.
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This glossary post was last updated: 9th October, 2021 | 0 Views.