WHY I NEVER WENT TO LAW SCHOOL, XVII

Dahlia Lithwick has an amusing take on a Supreme Court case about the meaning of the word “accident” as it pertains to an asthmatic man dying on an airplane because of exposure to second hand smoke when the stewardess refused to let him move. Beyond that, the case defies summary–it’s rather odd.

A related issue, not addressed by Lithwich, is one of personal responsibility. If I’m so sick that exposure to second hand smoke–even the amount that filters into the No Smoking section–is enough to trigger a possibly fatal asthma attack, wouldn’t it behoove me to stay off airlines or at least arrange to be on a smoke-free flight?

FILED UNDER: Law and the Courts
James Joyner
About James Joyner
James Joyner is Professor and Department Head of Security Studies at Marine Corps University's Command and Staff College and a nonresident senior fellow at the Scowcroft Center for Strategy and Security at the Atlantic Council. He's a former Army officer and Desert Storm vet. Views expressed here are his own. Follow James on Twitter @DrJJoyner.

Comments

  1. And you people thought I was confused.
    Hell, compared to this case, my use of “accidental” makes perfect sense. I’ll leave it at that, except for a no-comment comment on what James has to say about personal responsibility, since as a former smoker anything I say will…