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Could unusual 4th of July accident provide grounds for a personal injury claim?

Boy Expected to Recover After Airplane AccidentFew people can say they survived an airplane accident, but 12-year-old Nicholas Baer now has bragging rights to such a story.

Baer was body boarding at Carlsbad State Beach with family friends on the 4th of July when a single-engine Piper PA18 airplane crash-landed on the sand nearby. The plane, which had been pulling an advertising banner over the beach, apparently lost power just prior to the crash. However, FAA officials are still investigating the exact cause of the accident.

According to witnesses, the plane flipped over after hitting the ground and skidded to a stop. Events happened so quickly that witnesses were unsure whether Baer was struck by the wing of the plane or by debris. Baer himself has no memory of the accident.

After receiving a concussion, a laceration on his head and an injury to his skull bone, Baer was taken to Rady’s Children’s Hospital in San Diego. A neurosurgeon from the hospital reported that Baer had surgery and is recovering well. He is expected to make a complete recovery from his head injury.

Could There Be a Personal Injury Claim Here?

In any type of accident involving a vehicle, there are two main possibilities for liability: operator error or mechanical malfunction. Because the plane was owned by an advertising company and being used for business purposes at the time of the accident, it is possible that the company could play a role in liability. Companies are responsible for taking reasonable measures to ensure that their vehicle operators are properly trained and their vehicles are in good operating condition. Any negligence in these areas could open them up to liability.

The bigger question in this case may be how much compensation the boy’s injuries merit. Naturally he will have high medical bills to cover due to his surgery, and will deserve some amount of compensation for pain and suffering as well. But, if he is able to make a “complete” recovered as forecast by the neurosurgeon, he will not suffer from some of the more debilitating, life-altering emotional, cognitive, and behavioral changes that often result from a catastrophic head injury.

This will be an interesting case to follow, and it is worth noting because it sheds light on a very important point: personal injury law is about more than just traffic accidents and slippery floors. Any kind of reckless or negligent behavior that constitutes a breach of reasonable care has the potential to result in liability for resulting injuries. Any time you have been injured by another party’s carelessness, you can and should consult a personal injury attorney to learn about your options.