A Virgin America passenger is suing after a bag whacked him on the head

A passenger is suing Virgin America because he got hit on the head with a bag from the overhead bin. Photo: Virgin America.

A passenger is suing Virgin America because he got hit on the head with a bag from the overhead bin. Photo: Virgin America.

Is an an airline's fault if a bag falls out of an overhead bin and bonks him on the head?

I think most people would say no. But a Virgin America passenger is nonetheless suing the airline, claiming that he was injured on a flight.

I don't know much about the incident, but Virgin America included it in a filing this week that summarizes all the litigation pending against the airline. The carrier is being sued in various courts for several reasons - that's not unusual for a large corporation- but this is the only suit being brought by a passenger. 

Here's how the airline described it. 

Edmond Tash v. Virgin America - This action is currently pending before the Los Angeles County Superior Court. Plaintiff alleges a cause of action for negligence against Virgin America for a head injury purportedly sustained when an object fell out of an overhead bin.

What do you think? Will Mr. Tash be successful?

My hunch is that the case will not go his way.