Justin Levene the international wheelchair athlete plans to sue Luton Airport after his wheelchair was left behind on a flight and they failed to provide him with a suitable self-propelling wheelchair. This happened back in August 2017 and although the airport staff offered alternative help in the form of a standard high backed wheelchair, this was refused on the grounds it would have been humiliating. Instead, he chose to shuffle through the terminal unaided before getting a taxi. What was surprising is that the general public didn’t seem to notice nor show any concern!
The airport has been Spanish owned since January 2005 when Abertis Infraestructuras, S.A. took a controlling stake.
The video below shows the event.
Although very unfortunate this does throw up some issues from a Legal perspective:
How far does an implied duty of care towards disabled people extend. It was not that they refused to help but the help offered was deemed insufficient by Mr Levene.
Who was intimately responsible if litigation ensues – did the airport lose the chair or was it the airline he was travelling on? Thus who is ultimately the defendant in any action?
What is the scope of any damages here and did Mr Levene contribute to any by his actions in refusing and help?
This is for a Judge to decide, should it get that far, and it could have significant legal ramifications depending on the outcome.
