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Zittrain Torts Playlist Spring 2013

Brosnahan v. Western Air Lines

Defendant airlines failed to supervise and assist a passenger stowing his carry-on luggage in an overhead compartment. Consequently, the passenger dropped his bag on plaintiff’s head. Some courts hold that defendants will not be liable if their negligence merely creates a “condition” which makes it possible for an accident to occur. In this case, the court considers this distinction against the backdrop of the special relationship between the airlines and its passengers.