Legal Question in Personal Injury in Hawaii

personal injury at airport security

My spouse tripped and fell on a luggage cart that was blocking the aisle as he proceeded through airport security. The luggage cart (which should not have been there!) was wedged against the conveyor belt and his foot got stuck in the cart (while he was gathering his belongings) and he fell forward, hitting his ribcage on the corner of the cart. There were at least 5 airport staff sitting down, and they all witnessed it. The airport medic checked him out, and deemed him ok to fly, but with very tender ribs and ankle. His laptop computer (in the case) fell to the ground as well, and the computer is now somewhat bent. He is going to the dr. today but I am wondering what sort of responsibility the airport or TSA has for their negligence in removing this hazard.


Asked on 10/05/06, 6:20 pm

1 Answer from Attorneys
Robert Kawamura Kawamura Law Office

Re: personal injury at airport security

I am sorry to hear of your husband's ordeal. From the limited facts stated, if your husband tripped over a luggage cart, TSA probably will raise a defense of "open and obvious". This means that if a hazard is open and obvious, one using reasonable care should have seen the luggage cart before proceeding. TSA will also likely claim that the liable party is the individual who left the cart next to your husband. Please do not take this opinion as meaning you have no case. You can consult with other Hawaii attorneys who may have differing opinions. Good luck to you.

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Answered on 10/08/06, 8:33 pm


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