Lynn Goldberg tripped in the aisle of a United Airlines Boeing 737 from Fort Lauderdale to Houston on February 18, 2021. She had been seated with her husband in a middle and window seat of row 8 when she got up about 45 minutes into the flight to use the lavatory at the back of the aircraft. Ms. Goldberg wasn’t going to violate the sanctity of the first class cabin!
Passengers had been told it was safe to move about the cabin, butt “the interior cabin lighting was still turned down and the walkway was illuminated by green lights on the floor.” When she made it back to row 11 “her right foot struck a dark, hard piece of [another passenger’s] luggage that was sticking out into the aisle.” She fell, and her suit claims “she suffered serious, permanent injuries as a result of her fall.”
- My first instinct is to think that the passenger didn’t look where she was going
- and if the cabin was too dim for her to see well then she should have been more careful.
- I start to wonder whether the passenger whose bag protruded into the aisle might have some responsibility.
Here’s the theory of why United is at fault,
United Airlines Flight Attendants failed to ensure that passengers were complying with FAA mandates concerning bag storage, failed to perform safety checks, failed to keep the aisle free and clear of obstruction, and failed to appropriately train its flight crew to follow federal rules and regulations.
What do you think, is a slip and fall necessarily the fault of an airline when another passenger’s bag protrudes into the aisle? Or – sometimes – do accidents happen, and unfortunate as it is, that’s why they’re called accidents?
“She fell, and her suit claims “she suffered serious, permanent injuries as a result of her fall.” ”
Any idea what those “serious, permanent injuries” are?
DEEP POCKETS! The injured passenger “suffered serious, permanent injuries as a result of her fall.” Bull crap! Did she lose a limb? Did she suffer blindness in either eye? Here’s the big one…were her injuries severe enough to divert the flight to seek immediate medical attention? After all, she’s suffered serious, permanent injuries…right? BULL! DEEP POCKETS! United…if you lose this case…appeal. If you win, sue her for your legal fees.
As a former flight attendant for over 35 years it would be impossible to monitor a full flight continuously unless the flight attendants would walk up and down the aisles every :30 seconds. That might wear out the carpet as well. It is the passenger’s responsibility to watch where they are stepping.
Well, of course this lawsuit has nothing to do with the stupid woman tripping and getting hurt. It’s just a tailor-made situation … United will pay her something. She knows it, the lawyers know it, and UA knows it. Until the prevailing mood of this country swings from “liberal nanny state” back towards self reliance, these frivolous lawsuits will continue to be filed. The cases need to be thrown out the minute they’re filed, that’s the only way to keep the greedy from continuing to exploit the system.
Yeah serious, permanent injuries – body injury or not, the incident will forever imprint on her mind that she cannot step into another aircraft from now on, this is an egregious crime doled by United. Her rights are asserted!
as a f/a… 45 minutes after takeoff, passengers CAN place their bags as they wish. Flight attendants only advise passengers that bags need to be properly stowed for taxi, takeoff and landing. There’s NO FAA regulation that states passengers bags must be securely stowed during the entire flight. If she tripped on the bag of the passenger that was a seated on the aisle seat of her row, then clearly that’s her fault, as they can have their bag by their feet during the flight.
Of course she has permanent and serious injuries. These happened when she was born and raised. It’s called greed. Greed is definitely a serious and permanent injury for many.
Wow I can’t even count how many times I’ve tripped over someone’s foot protruding into the aisle regardless of aircraft type or cabin. I flew many red eyes where cabin lights were dimmed but this happens even in daylight. I guess. Matter where you go people are going to be inconsiderate and accidents will happen as a result.
In Michigan, lawyer David Femminineo is suing the owner of a SUV who brought the vehicle to a Chrysler dealer for an oil change. A dealer employee didn’t know how to drive a stick shift and killed an employee when he let his foot off the clutch suddenly, lurching the vehicle forward. There was nothing wrong with the SUV, just the employee driver not knowing how to drive.
This is a worse example of evil lawyers suing.
The ski industry resolved these types of frivolous lawsuits by listing tems on a ski pass that inclue injury and death.
As the airlines likely don’t do their in their Contract of Carriage, the lawsuit will go forward… with my prediction terms changing following the case.
Right now the United terms for injury only cover international customers.
I agree this is an accident. People need to look down and ahead when they are walking down the aisle of an airplane .
hueyjudy and fernsie -You are right on!!!! sad we are the nation of snowflakes and nanny state
After asking my resident legal expert, it’s what I thought – there are three liable parties, the airline (contributory negligence), the passenger who had their bag in the aisle (direct cause), and the woman who tripped (yes, your own behavior can contribute to an accident you suffer harm from). Under the common law doctrine of joint and several liability, it would be up to a jury to assign blame and damages among those parties.
As unfair as it may seem, the airline is partially at fault, they are responsible to make sure the aircraft is kept in safe condition, including patrolling the aisles for unsafe behavior on the part of other passengers. The person who partially placed their bag in the aisle is clearly liable. The woman who tripped may be liable as well, as she has a duty to walk carefully, not run down the aisle – did she have a drink both during and before the flight, etc.
This is clearly headed for an out of court settlement.
Did she get to pee or evacuate her bowels in the facilities or was she forced to relieve herself in aisle as a result of said injuries?
Do y’all know what the safety checks are that they ‘failed to do ‘?! Here’s a clue… It’s nothing to do with how a bag is stowed inflight.
This will be thrown out of court faster than a 787 flies.
Unless flight diverted for serious injury it was not serious. The only permanent injury is her chutzpah.
Anything is possible with the right representation and a jury trial. Which is why this will be modestly settled out of court.
Absolute bull shit and the lawyer should be tarred and feathered for such a frivolous case. It takes a special person to immediately think “I’ll sue over my clumsiness”. Like Win said, what are these “permanent and severe” injuries that didn’t warrant a divergent? Ugh. People.
That oil change wrongful death incident can be argued so many ways with so many nuances that it could be a hypothetical straight out of a law school torts class.
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Call me weird but when I can’t see we’ll enough to walk, I grab my phone and use the light option. But alas, in the US it is better to feign severe injuries and get corporations to cough up out-of-court settlements. Isn’t this taught in middle school in the States: How to file absurd suits to collect from insurance companies and major corporations?
Crap like this is why US carriers turn on the seat belt sign at the slightest hint of bumps, having to account for the lowest common denominators in society.
@C_M: I am not an attorney so I learned a lot after reading what you wrote. Very well written and explanation. Thank you (and thanks to your lawyer as well).
I am so glad I no longer live in a society (USA) where people sue over anything/everything rather than take personal responsibility for their actions. The airline should not allow this passenger yo fly with them again. Don’t give her a dime!
Joanie — you make her look like a saint – EXPLAIN WHAT HER NAME HAS TO DO WITH IT
So to play devils advocate, what if she made it to the restroom, passengers pissed and sprayed water on the floor. Upon exiting she falls and suffers these same damages. Is UA a responsible party? I would argue of course they are.
So while this seems slightly more cut and dry I am not sure it is and UA will likely have to payout. I am surprised someone would go to lengths to even file this. It was obviously an accident.
Oy vay.
@Huey Judy, @DEE, et al: LOL “liberal nanny state”. Tell it to the gov of Texas, Greg Abbott. Injured and paralyzed in the 1980s with no health insurance, he (deservedly so) got a big payout that set him up for life. Then as an elected official, he changed all the laws to limit payouts for the exact same type of accident and made it impossible for anyone in the same situation as he was to get the same payout. Classic GOP/Boomer snowflake mentality, thinking they’re SO special that they deserve special treatment for how amazing they are, but everyone else are leeches. “Me generation” indeed.
For what it’s worth this sounds 100% like a frivolous lawsuit, but had to say something to all the dummies out there talking this “nanny state” BS, give me a break
Gary, shame on you for allowing Joanie’s vile perverted insight to be published. Please remove it now before you find yourself on the wrong end of legal proceedings.
@Charlie – it was a Jewish slur, I’m Jewish, and I didn’t “allow” it to be published – I do not review all comments prior to publication. The comment was simply submitted. Now, I did review it, but I would certainly bear no legal liability for it (and neither would she, actually, hate-filled as it was).
Gary, shame on you for not taking the post down when you saw it. If the remark had been against someone on the basis of their skin color, ethnic origin, homosexual orientation or gender identity I am sure it would not still be there.
@Charlie – I did remove it when I saw it, why do you think otherwise? It’s Mother’s Day, I do not have any staff, I was away from the comments for a couple of hours.
Too Many Lawyers with nothing to do!!!!
As United announces on every flight, the flight attendants are there primarily for your safety. If there was a bag In the aisle and United’s employees didn’t do anything about it, United has liability.
“Please remove it now before you find yourself on the wrong end of legal proceedings.” What an incredibly ironic statement to make about a post on frivolous lawsuits. Thanks for the laugh Charlie.
Didn’t see the comment, but Section 230 applies to this website. No liability can attach to the operator from a comment, especially an unsolicited one. The poster might be liable, but no poster is liable for a rude opinion. For now.
another true tale of ambulance chasing lawyers in action
I think the passenger whose Baggage was sticking out should be sued. I’m not sure about the airline
What’s wrong is these people take no responsibility for their own actions.
I’m guessing alcohol was involved and even is not get a grip
You “ fell “ because of your actions. No one else’s!!!!!
IF people are allowed to be up and about, then I think there is SOME responsibility on the airline to maintain some level of lighting that allows them to adequately find their way to the facilities as needed. Passengers who put their brains in their checked bags should be warned prior to departure to keep their crap from extending into the aisle and FA’s should be assuring that as they do walk throughs. But assuming no one saw the damn bag in question, it is on the passenger to pay attention like most of us do on the ground…if you trip, it’s on you for not paying better attention, though accidents do as noted happen. I am reminded of a time at an apartment complex I was visiting and on the way back to my car the toe of my shoe caught on slightly raised square of concrete sidewalk and down I went. My Rx sunglasses flew off and a lens broke, my pants were torn and I was injured at the knee…guess I missed my opportunity. BTW Gary, I see you are stilling allowing posts by this “ayenus” in spite of the offensive post in responsse to one of mine. He must bring in many readers/posters for you to allow this.
I’m not afraid to say, this situation definitely looks anti-Semitic, I’m not a Jew, but this is text book bigotry
OMG, you can sue for just about anything. The article does not state the specifics needed to make an intelligent opinion. As a former flight attendant, I have walked up and down poorly lit aisles thousands of times, and never tripped. Most of my passengers were foreign, and they frequently did not understand the instructions given in the. Preflight announcements. I have flown hundreds of thousands of miles, and never tripped once. How much did she have to drink? Was she on drugs? Did she have a blood test done after the fall to prove that she was not drunk, or on drugs? If the lights were dimmed before she got up, then her eyes would have been used to the lower lighting in the cabin, so it doesn’t matter….This is just greed! I guess she will get a settlement of 50-100k, which is substantial for most people. I don’t see this as a multi-million dollar lawsuit, It is just so sad that when a company is sued, it means that the price of the other passenger’s ticket will increase. I hope she is permanently banned from flying in the future! Airlines do a lot of stuff wrong, but this is not legit….
Amazing how self centered many of these comments are. A fall that could result in a bruise for someone who is middle aged or younger may result in a serious injury for an elderly person (osteoporosis is more common in females), any elderly person. I understand the PI lawyer bashing but you might consider some critical thinking when it involves others . . . even “Boomers”. May you be fortunate enough to live to the Senior Citizen stage and in the meantime give those who are enjoying travel the courtesy and respect many deserve.
Regarding children in F and J, just because you can doesn’t mean you should. You know your children’s tolerance better than anyone else.
I’m betting the airline offers a generous settlement, the plaintiff rejects it in hopes of a bigger jackpot if she wins, then loses it all when the judge tosses the suit on a technicality.
Very very true One Trippe, trips/falling not good for anyone of any age, but yes can really impact those who are older. We are all frailer than we appear. I’m in favor of taking responsibility, not suing for my own clutziness should I fall, and FA’s keeping their eyes open and aisles clear…but for sure a simple fall for those younger may have far more impact on someone older…especially in the middle of a trip (no pun intended). Broken wrists happen, twisted shoulders…suddenly someone who can ambulate well alone needs help….
She fell, and her suit claims “she suffered serious, permanent injuries as a result of her fall.”
Now she can’t go to Temple!
I’m not saying anything about the liability, but substantial costs can result from a trip and fall. A while ago, a mascot for the Chicago Bulls did a high five with a fan. It damaged something in his hand. He was an oral surgeon, and the injury kept him from being able to work for several years
Ya ya ya… and UA will just raise the ticket prices to pay for it , so in all the passengers are paying her claim …. Not the airline.
@C_M, “the airline is partially at fault, they are responsible to make sure the aircraft is kept in safe condition, including patrolling the aisles for unsafe behavior on the part of other passengers” Whether the airline actually has an obligation to patrol the aisles (especially frequently enough to make sure there are never any bags in the aisle) is far from clear. Do you or your lawyer have any actual laws, regulations or cases to demonstrate this?
@Tim j, “UA will just raise the ticket prices to pay for it” If UA thought it could raise ticket prices, it already would have. Why would it be leaving money on the table by charging less than it could? It charges what the market would bear.
Frivolous lawsuits have been around for years and years. Not sure the outcome of this lawsuit but if someone gets hurt on any property you can sue for injury. That said IT HAS NOTHING TO DO WITH BEING A LIBERAL. GREEDY IS GREEDY WHETHER YOU VOTE RED OR BLUE. It’s always disappointing when people have no idea what they’re talking about. BTW there are many ambulance chasing lawyers in congress from all political parties. THAT WHAT’S WRONG IN THIS COUNTRY. Ignorance is bliss
@Richard – It’s basic liability law, a property owner is responsible for maintaining the state of their property. If someone is injured while on your property, you might be liable. Anyone can file a claim, whether you’re liable or not, and you’ll have to pay for the defense. One definition found by quick Google search: “A legally enforceable claim on the assets of a business or property of an individual. In business, liability results from a breach of duty or obligation by act or failure to act.”
You slip and fall in a grocery story from a spill by another customer, the store can be held liable, as they didn’t maintain a safe environment for all customers. A person comes to your house and slips on the front porch, they can sue you – if there is some fault with the porch, the person can win damages, even if the other person was uninvited. A child cuts across your lawn and falls on a tool left in the yard, you can be held liable. It’s why everyone should carry an umbrella liability insurance policy if you have any amount of substantial assets like a house or even an income. You might think you’re not liable for things, a court may disagree and seize your assets or future income. Lawyers are expensive. Umbrella policies are a bargain at about $200/yr for $1 million in coverage, and that includes putting up a defense. You get sued, you hand it over to the insurance company. Cheap peace of mind.
It seems pretty clear based on the facts reported, if accurate. United should be held liable for damages.
Next questions are…when that flight arrived in Houston, was HFD airport EMS called to that gate?, Did she walk off the plane on her own?, Did she go out on a stretcher?, Did airport EMS show up and did she refuse treatment?, If she walked off the plane on her own, that’s on her! NO LAWSUIT.
If I’m United,I’m doing a ” deep dive ” into this person’s history/backgrounds for fraudulent allegations /claims
People need to take responsibility for their OWN actions. She fibbed alot when she decided that the fall should reward her with lots of money. She seems to have injured her entire body.
@Dark Star – As tempting as that is, and there are a few people who stand on principle and do it, realize that at $500/hr., that’s $20K a week for a lawyer’s time. Even $250/hr for in-house legal is $10k. And maybe a paralegal does the footwork, but the back and forth costs money. And there’s the risk of a big award via a jury. That’s why these are settled out of court for $10 to $50k. It’s the cheaper option. Wrong on a moral basis, but the correct call economically.
A lot of these points are well taken and food for thought but the most ridiculous and offensive are all of you claiming she wasn’t that injured. How the hell do you know? She could have hit her head and have a permanent brain injury. She could have twisted her back and will never have another pain-free day even after back surgery. She could have wrenched her knee or hip and never walk without pain again. Stop acting like you know everything and consider a little humility. (I’m speaking only about those who are so sure they know she “wasn’t hurt” not those opining about the liability of United, which I agree is weak.)
As a flight attendant who takes safety very seriously, I am curious to know if the passenger who had their bag in the aisle was already told to fix it and then moved it back. I cannot tell you how many times this happens. Just yesterday a passenger kept letting their service dog in the middle of the aisle and we told her at least 3 times that she could not do that and how dangerous it was. We can only do so much.
Also, I fear that because of this lawsuit, we might be required to keep the lights on all the time on red eyes in the future.
goldBERG!
Its in the blood!
Since we in the US don’t have universal medical care, the only way to get treatment can be to sue someone. Happens all the time.
She is at fault. It is her duty to watch where she is going. And if is probable that she was wearing a high heel footwear.
@Mike – Everyone in the US is required to have health insurance. There was even a Supreme Court case about it.
If all the passenger was requiring was United cover her legitimate medical bills, UA would probably do that without any questions asked, provided she sign a release.
Flight attendants makes announcements and inform people to properly stow their bags. 45minutes after the flight means passengers can remove their belongings from under the seat and shift them around. Also means the flight attendants were most likely in the middle of doing a beverage/snack service. They don’t stand in the aisles the entire flight to make sure people keep their belongings where they are supposed to go as they have other duties and people need to be adults and follow the rules.
You’re also not factoring in the possibility that the passenger was instructed to move their items already and moved them back after the flight attendant left.
If this is what is going to happen where people cannot watch where they are walking then expect bright flights where the lights never get turned off. I, personally, do not want that as I like to nap on my flights. She is responsible for herself.
This will result in – any one that sits in the isle seat will not be allowed bag stowed under the seat in front of them!
I cannot tell you how many times I have tripped over someone’s backpack straps protruding into the isle… Ask the passenger to tuck their bags out of the isle so we don’t trip over them – greeted with the “are you just hassling me” attitude. So tell me… please
When does the passenger have responsibility for their own actions and behavior???!
She gets shit. Why would you go to the back of the plane from row 8 . Stay in your 1st class elitist csnin.
I have a question. Why is the type of hate speech demonstrated by Go Figure permitted to remain posted?
I think that a lawsuit seems to be the go to excuse for not watchong where you are going. I personally don’t blame anyone but myself for tripping and falling. Accidents happen and overly zealous lawsuits are the very thing that keeps prices absurdly high. I’m sure this was an accidental thing. Unfortunately there is very little leg room . I have gone to the lavatory with the lights dimmed on United flights and.my attitude was careful of a foot , or anything sticking out . Honestly it could have been a person’s shoe.
Sue, sue sue!! I’d be a millionaire if I sued for every careless incident that happened. United is a great airline with well qualified flight attendants and crew!!
What a joke! There are no “green lights” at floor level on any aircraft! Maybe she was drunk and seeing “green lights” in a stupor?
What a joke! There are no “green lights” at floor level on any aircraft! Maybe she was drunk and seeing “green lights” in a stupor?
It apparently was too dark in the cabin to see properly. The flight attendants said it was ok to get up. At 45 minutes into the flight they were probably doing beverage service and the lights should have been on. Airlines can not control what passengers do every second, but they should ensure that their employees are following procedures. If they were not, then she should win.
I usually hear “lawsuit” and I just cringe…however, anyone who has flown in the past few years can tell you that the limited space on airplanes is just ridiculous! You’re now so packed in there so tight that it is impossible for anyone over 5’2″ to stretch their legs forward while sitting in their own seat. If you have to pass over someone to get to the aisle, you literally are touching body to body.
I’m sorry this happened, but I’m glad she’s suing.
@c_m. I don’t know where you’re getting this from. I haven’t had insurance for 5 years and before you remark anything ugly…yes, I file my taxes.
Too many ambulance Chasers in this country. Turn on your TV it’s disgusting.
@Melanie – Why would I say anything ugly? I think you’re being foolish, but that’s your choice. And I happen to think insurance is sort of a fool’s game, but a necessary evil. I buy as little as possible, I shop around, but I do buy it. (Sometimes it’s also required by law.) Not travel insurance or trip insurance, but auto, home, health, life, and liability – responsible financial planning kind of requires that, unless you have nothing to begin with or you’ve got so much, you can afford to self-insure. (If you’re single, carrying little insurance makes sense, having dependents changes things a lot.)
The average person in the middle can’t afford the hit of being uninsured should disaster strike. And that will happen. I live in flyover country, where everyone gets a new roof, paid for by insurance, every 5-15 years. If it’s 5 and you don’t have insurance, that’s a big hole in your pocket, if it’s 15, you could have saved up, but most people don’t. Think of insurance as a tool, it’s useful or a danger. How you use it is up to you, but life is going to happen whether you have it or not.
I’m surprised ol’ GAAry didn’t somehow blame AA for this.