A man fell down the escalator at an airport. See AP Article. The injury occurred after he was a passenger on a US Airways flight. During the flight, the passenger ordered a cocktail. The flight attendant served the passenger at least one alcoholic beverage on the flight. The flight arrived at its destination and the passenger disembarked. Shortly thereafter the passenger sustained his injury.
Now the passenger is suing US Airways alleging that they did not warn him about that the effects of the alcoholic beverage(s) he consumed are greater at night and that the airline is thus responsible for the passenger’s injuries. How this is the US Airway’s responsibility is beyond me. This passenger used poor judgment and drank more than he should have. He then fell down the escalator. In my book, the passenger is responsible for his injuries, not US Airways.
This is yet one more example of the Plaintiffs’ Bar’s continuing support of the “its always someone else’s fault” mentality. By pursuing this passenger’s meritless claim, they encourage this passenger’s (and the general public’s) refusal to take responsibility for his own consumption of alcohol and/or clumsiness. Apparently the Plaintiff’s Bar is now taking the position that an airline has a duty to baby-sit those passengers who are legally allowed to consume alcohol, but apparently are not smart enough to take care of themselves after they have been drinking.
This type of litigation on behalf of the lowest common denominator almost always results in bad law. Hopefully the airline will vigorously defend against this claim and not even offer the typical “nuisance value” settlement. Although this would cost US Airways more money, which it probably cannot afford to spend, the principle here is probably worth it. I wish US Airways the best of luck.
