Other - Spar and Bernstein

Other

While we attempted to put together a comprehensive list of types of cases occurring in personal injury, there have been some cases that are so unusual that they defy categorization.

Person Struck by Beach Umbrella - In Gerhardt v. Manhattan Beach (NYS 1933), a plaintiff succeeded in establishing that the defendant was aware of the danger of his umbrella being lifted into the air by wind and striking another person such that his failure to prevent the occurrence was negligence.

Horse was Frightened by a Whistle - In a case where a manufacturing company owned and operated a very powerful whistle, the company was held liable when a horse was frightened by the whistle causing it to run away and cause injuries. While this case is now more than a hundred years old, and is irrelevant insofar as horses are no longer a common mode of transportation, the principles underlying the case survive. And, however, remote the possibility may be, there may come a time when another whistle frightens another person or animal into causing an injury.

Person Attacked by Monkey - The law warns those who keep wild animals that they do so at their peril. However, keeping a wild animal does not subject the owner to absolute strict liability when the animal attacks. In Garelli v. Streling Alaska Fur & Game (NYS 1960), the court deciding a case in which a person was bitten by a monkey, took judicial notice of the inherently wild nature of monkeys, admonished the monkey owner for not keeping a better eye on his monkey, instructed the owner to exercise the highest degree of care to prevent the animal's doing injury to others in the future, but limited his liability because the judge ruled that an animal (wild or not) owner may be exonerated form liability (or have his liability limited) by the imprudent and negligent actions of the plaintiff victim. In short, if you did something to anger a monkey into attacking you, your award will be limited by the extent of your actions (possibly, all the way down to zero).

Person Struck on Head by Falling Luggage - If you've ever flown on a commercial plane, you probably remember the flight crew thanking you for choosing their particular airline, bidding you a pleasant stay in the locale, and cautioning you to open the overhead bins carefully "as objects tend to shift during flight." In Ginter v. TransWorld Airlines (NYS 1989), the court held that airlines have a duty to observe that passengers are stowing baggage in a reasonable manner and to provide reasonable assistance tot hose who cannot stow their baggage in a reasonable and safe manner, and to make a visual check to assure that all compartment doors are closed before takeoff. Therefore, baggage falling on a passenger during pre-flight loading may be a cause of action for negligence. However, baggage falling on a passenger may relieve defendant airline from liability because gravity may be an intervening cause.