What is LawBrain?
It's a living legal community making laws accessible and interactive. Click Here to get Started »

Andrews v. United Airlines

From lawbrain.com

Andrews v. United Airlines, 24 F.3d 39 (9th Cir. 1994), was a tort law case involving concepts of negligence, duty of care, and foreseeability.

  • This LawBrain entry is about a case that is commonly studied in law school. You can find, contribute to, and create other common 1L, 2L, and 3L cases in the Law School Cases category. And you can use the Opinon tab above to discuss hypos. For more information on editing, visit the LawBrain edit help page.


Summary of Case Facts

An airline passenger, Andrews (plaintiff), was injured when a piece of baggage fell from an overhead bin on board a United Airlines flight. The airline warned passengers on arrival that items may have shifted during flight and that passengers should use caution. The plaintiff filed suit alleging that the airline was negligent in not taking precautions to prevent an injury that was foreseeable. The district court granted the airline summary judgment on the basis that the airline took adequate measures to prevent injury and the plaintiff appealed.


Did the trial court err by granting summary judgment and not allowing a jury to decide the foreseeability of the plaintiff’s injury caused by the defendant’s negligence?

Holding and Law

Yes. The court decided that it was an appropriate matter for a jury to decide. Plenty of potential jurors have been airline passengers and would be well-equipped to decide upon the foreseeability of the injury and the extent to which it could have been prevented. The court opined that common carriers have a duty of the utmost care to their passengers and ought to be diligent in keeping aware of any methods or modern improvements to prevent an injury.

Related Cases and Resources on LawBrain


FindLaw AHK, FindLaw John