A man and woman win a trip from GMC for top sales. The man owns the Chev ydealership. Part of the vacation is a ride over the desert in hot air balloon. The balloon co. Micky Mouses a repair on the burner support. When they land the burner inverts and kills both of them.
3 defendants. 1. GMC 2. Baloon company 3. Travel agency.
Plaintiffs. Parents of both parties. Daughter of man.
The ballon company fixed a broken strut with a wood pole the bought at Home Depo. It broke on landing. The pole was originally mad from high impact fiberglass.
Who do they sue? For how much? Who are the beneficiaries?
2007-09-08 06:24:12 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I don't see how either GMC or the travel agency would have any responsibility for this... the baloon company is obviously at fault, and home depot may have some liability, but that is doubtful... the beneficiaries would be the surviving relatives of the people who died, and the amount would be determined by the court using a complicated formula determining what their lives were worth.
2007-09-08 06:36:30 · answer #1 · answered by shroomigator 5 · 1⤊ 0⤋
WHO do you sue? Anyone that might potentially have liability combined with money: you sue GMC, the baloon company, the travel agency, AND Home Depot. Also sue the manufacturer of the burner, because it needed better safety guards. Rough landings happen all the time in balloons. Changes are, Home Depot will either settle because of the nuisance, or the court will release them. Nevertheless, include them.
All of the individuals can be plaintiffs, but chances are the parents would not recover; their only real action is for the people's estate, or because they are being 'deprived of the comfort of future grandchildren' that will now never be born. Don't expect this to fly if the man and woman were gay.
As to how much, sue high and expect to settle or to get much less than you ask for.
NOTE: in many states they take into account the nature of the activity and the culpability of the people killed. In other words, since hot air ballooning is dangerous and everyone knows it, they might assign 50% of the blame for the death on the people who voluntarily took the flight, reducing any settlement by 50%. It just depends on the state.
By the way, was the balloon licensed? When was the last time the state inspected it, if required? See how far you could go with looking for money?
2007-09-08 13:48:11 · answer #2 · answered by Marlon M 3 · 0⤊ 0⤋
Give the current practice in the US, the families sue ALL THREE for wrongful death and let the courts sort it out. I would not be surprised if they name Home Depot as a defendant.
In my non-legal opinion, the balloon operator is the only party that SHOULD be held liable. GMC had know way to know the balloon company would do something stupid. The travel agency would only share fault if the balloon operator had a history of safety issues that they should have been aware of.
2007-09-08 13:51:41 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
This is a very in-depth matter, but my opinion of the litigation process is to go after the ones with the deepest pockets. Not always fair, but it's reality.
2007-09-08 13:29:18 · answer #4 · answered by jigglebelly99 3 · 0⤊ 0⤋