Man Sues Airline After Being Seated Next To An Obese, Coughing Passenger.

Posted on November 6, 2015 by gil hoy

Personal injury accidents arise from a number of facts and circumstances.  Although car accidents and slip and fall accidents might be the most common, an accident can arise whenever someone fails to act with the reasonable level of due care expected from ordinary persons under similar circumstances.  Personal injury lawsuits can be filed against individuals or against entities, such as businesses, hospitals and corporations.

James Basso has filed a person injury lawsuit against Abu Dhabi-based airline Etihad Airways after he allegedly sustained back injuries during a Dubai to Sydney flight.  Basso had purchased a single seat in economy class.  He has filed this lawsuit after he says the airline forced him to sit next to an overweight and coughing passenger.  According to his lawsuit, the size of the man required him to “contort and twist” his body to avoid touching his coughing neighbor.

Basso repeatedly asked the crew to move him or find another way to remedy the situation.  Eventually, the crew agreed to allow him access to a crew seat for limited intervals.  Still, he was forced back to his own crowded seat for long periods of time during the flight.  Remaining in his own cramped seat, Basso claims his preexisting back injuries were exacerbated. 

Etihad Airways is firing back saying there was no accident, and therefore no basis for a personal injury lawsuit.  The airline argues that it is not unusual to be seated next to a sick or overweight passenger.  Basso filed his lawsuit in Brisbane, Australia seeking compensation for his injuries.  The district court declined the airline’s motion to dismiss the action, instead ordering medical exams to determine what if any damages actually resulted from the cramped flight.  CNN predicts that a ruling in Basso’s favor could have negative repercussions for obese persons across the world.  Some airlines have already turned away obese passengers or require that they purchase an extra seat.  A ruling in Basso’s favor could set precedent encouraging this arguably discriminatory practice.

Have you or a loved on been injured in an accident?  If so, please call 617-787-3700 today to get your free and confidential consultation with one of our expert Boston, Massachusetts personal injury attorneys.

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Mother Urges Maine To Adopt Stricter Fireworks Regulations After Son’s Death.

Posted on August 10, 2015 by gil hoy

In 2012, United States emergency rooms treated more than 8,500 people for fireworks related injuries.  More than half of those injuries were to the extremities; nearly a third were to the head.  Although fireworks are illegal in Massachusetts, residents continue to drive into bordering states to buy large quantities of fireworks for in-state use.  When fireworks get into inexperienced hands, the consequences can be deadly.

Twenty-two-year-old Devon Staples worked as a Disney World Gaston character performer.  He was bright, energetic and always trying to make people laugh.  But this past year, during Fourth of July celebrations in his home state of Maine, Staples placed a reloadable mortar tube firework on his head and set it off.  He died immediately.  According to his mother and his brother, there is no way Staples would have attempted such a stupid stunt if he believed the mortar was still dangerous.  Because the mortar had already gone off once, they believe Staples assumed the leftover mortar was merely a dud.

Staple’s brother, Cody Staples, was only feet away from his brother when the accident occurred.  He told Inquisitr that there was no option of rushing Staples to the hospital because there was nothing left of him by the time help arrived.  He described is brother as someone who would pretend to do something stupid in order to get laughs, but who would never knowingly perform such a dangerous stunt. 

Staples’ mother, Kathleen Staples, is advocating for stricter fireworks regulations in light of her son’s tragic accident.  Maine only recently legalized fireworks.  She believes some sort of safety training courses should accompany the legalization for anyone purchasing or working with fireworks.  She compared fireworks with driving a car, saying, “They didn’t just hand me a license and put me in a car.”  Meanwhile, Representative Michel Lajoie plans to introduce another bill in 2016 repealing fireworks laws.  He thinks a complete ban is unlikely, but hopes to make some progress towards better regulation of the dangerous explosives.

Have you or a loved one been injured in an explosion accident?  If so, please call 617-787-3700 now for your free and confidential consultation with one of our dedicated Boston explosion injury attorneys.

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Twelve-Year-Old’s Death Causes North Carolina To Rethink Zip Line Regulation.

Posted on August 10, 2015 by gil hoy

Presently, only about nine states have passed laws regulating the commercial use of zip lines.  Massachusetts is one of those states.  Since 2008, Massachusetts has been regulating zip lines, ropes courses and climbing walls in an effort to protect the safety of Massachusetts residents and visitors.  Although zip lines can be fun and exciting, they also can be quite dangerous if not regularly inspected and cared for.  Newer zip line systems seek to avoid personal injury accidents by utilizing a full harnessing system and pulleys that cannot be unhooked from the metal zip line itself.

Twelve-year-old Bonnie Sanders Burney was killed on June 11th in a tragic zip line accident at a North Carolina campground.  Burney had been visiting Camp Cheerio in the Blue Ridge Mountains, a popular campsite for children and families, since 1960.  The zip line at Camp Cheerio took riders over land and sea, and had been inspected as early as last March by the Inner Quest, the company who had sold, installed and trained staff on the proper use of the zip lines.  Tragically, the rope holding Burney snapped during her ride, causing her to fall twenty feet to the ground.  She later died of her injuries.

This is the second zip line related death in North Carolina history.  According to the Charlotte Observer, as many as twelve children have been killed in zip line accidents across the United States during the past ten years.  This number, however, could be even higher because as the laws stand today, zip lines are not nearly as regulated as one might assume.  Although amusement park rides are subject to strict regulations requiring regular inspections, zip lines have somehow escaped this life-saving scrutiny.

Now, North Carolina Representative Ted Davis, Jr. is hoping to change the way we think about zip line safety.  His proposed bill, House Bill 39, has been in the works since 2013 after an accident on the Vortex ride at the North Carolina State Fair.  The bill seeks to increase penalties for willfully operating amusement rides illegally.  In response to this recent accident, he has proposed another provision, which would ensure that zip lines are uniformly required to get inspections and insurance. 

If you or a loved one has been injured due to a defective product, please call 617-787-3700 today for your free and confidential consultation with one of our expert Boston product liability attorneys.

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