What Is Negligence in U.S. Virgin Island Personal Injury?

 Posted on August 16, 2024 in Personal Injury

St. Croix, St. Thomas, and St. John are popular tourist destinations. Late last year, an accident at the Cyril E. King Airport in St. Thomas severely injured one man and caused his wife emotional trauma along with physical injuries. The couple filed a personal injury claim against Spirit Airlines and Worldwide Flight Services, seeking compensation for their injuries and other losses.

This case is a prime example of how negligence can cause both physical injuries and other types of harm. If you are injured in an accident caused by someone else’s negligence, the experienced lawyers from Colianni & Leonard LLC will work to hold them accountable.

Overloaded Elevator Causes Serious Injury as Couple Boards Virgin Islands Airplane

The couple involved in the accident needed wheelchair services to board a plane. The lift they used was clearly marked as having a 1,000-pound maximum capacity. Four people in wheelchairs and two attendants, who had a combined weight of more than the stated capacity, boarded the lift that was raised to allow them to enter the plane.

The husband’s wheelchair was not properly secured. He rolled backward and fell over 12 feet to the ground below. The wife requested that she be lowered back to ground level to be with her severely injured husband, but she was forced to stay on the plane for 45 minutes. This delay caused her significant emotional trauma.

What Is Negligence?

In legal matters, negligence is failing to behave — either by action or failing to act — as a reasonable person would in the same circumstances. The case described above includes several acts that a court may consider negligence:

• The lift was filled over the maximum weight capacity.

• The husband’s wheelchair was improperly secured.

• Workers refused to let the wife be by her husband’s side, causing unnecessary emotional and mental anguish.

Both husband and wife suffered physical injuries. The husband’s were life-threatening. Airlines and the affiliates they use to help load, board, and otherwise maintain the aircraft owe passengers a duty of care, which is a necessary element in negligence claims. When airlines and other companies fail to provide this duty of care and people are injured as a result, personal injury claims may arise. 

What Damages Are Available in Personal Injury Cases?

Every accident is different. The case-specific details of your accident determine what kinds of compensation you may be entitled to receive. Common damages include reimbursement or compensation for losses like:

• Medical expenses

• Property damage

• Ongoing care

• Lost wages

• Mental or physical pain and suffering

• Losing the ability to enjoy life

The amount of your economic and non-economic damages will vary, depending on several factors. In some cases, you may also qualify to receive punitive damages, which are intended to further punish the defendant(s) and prevent future accidents of the same kind. Your legal team from Colianni & Leonard LLC will evaluate your circumstances, calculate your damages, and help you obtain the maximum possible amount of compensation.

Contact Us Today for Your Free Consultation With Our Experienced St. Thomas Personal Injury Lawyers

If you are injured while on vacation, it is difficult to know where to turn for competent legal assistance. Colianni & Leonard LLC helps U.S. Virgin Islands residents, tourists, and workers with a variety of personal injury claims, whether you remain in the Virgin Islands or return to your home. Call us today at 340-719-1766 for your free consultation with one of our skilled U.S. Virgin Islands personal injury attorneys.