Las Vegas, NV (March 25th, 2026) – A wrongful death lawsuit has been filed in Las Vegas against Allegiant Air following an incident in West Virginia in which a disabled passenger fell from a wheelchair during boarding and later died from his injuries. The lawsuit alleges the airline failed to provide proper assistance and safety measures during the boarding process, highlighting critical questions about airline obligations to passengers with disabilities.
Key Takeaways
- A 24-year-old passenger with muscular dystrophy fell from a wheelchair during boarding at an airport in West Virginia and died approximately 15 hours later from blunt force injuries
- The family filed a wrongful death lawsuit in Las Vegas against Allegiant Air alleging the airline rushed the boarding process and failed to follow federal safety protocols
- Federal regulations require airlines to use specialized aisle wheelchairs with safety straps and provide at least two assistants for passengers with significant mobility needs
- The lawsuit claims crew members reassigned wheelchair assistants to load luggage instead of properly helping the passenger board safely
- Families have legal options to pursue compensation when airline negligence causes a preventable death
If you lost a loved one due to airline negligence or inadequate safety measures, George Bochanis Injury Law Offices can review your situation and explain your legal options. Our Las Vegas office handles wrongful death cases involving incidents that occur throughout the country when the responsible party does business in Nevada. Call (702) 388-2005 to discuss your case.
Details of the Allegiant Air Incident
According to the wrongful death lawsuit against Allegiant Air filed in Las Vegas, a 24-year-old passenger was preparing to board an Allegiant Air flight at Huntington Tri-State Airport in West Virginia in March 2024. The passenger lived with muscular dystrophy and was wheelchair-bound. He was traveling with his father and his 9-year-old brother.
The lawsuit alleges that the flight captain ordered ground and flight crews to rush the boarding process to keep the next flight on schedule. As a result, extra wheelchair assistants who were supposed to help transfer the passenger from his motorized wheelchair to an aisle wheelchair were reassigned to load luggage.
According to the complaint, the passenger was transferred to a wheelchair that lacked safety straps. When the assistant pushing the passenger up the ramp reached the plane door and attempted to enter the cabin, the wheelchair tipped over. The passenger was thrown from the chair and landed face-first on the ground. Because of his disability, he could not break his fall. The wheelchair and assistive device also landed on top of him.
The father and other bystanders picked the passenger up after the fall. He was taken to a local hospital, where he died approximately 15 hours later from multiple blunt force injuries. His father and younger brother witnessed the entire incident.
Why the Case Was Filed in Las Vegas
The wrongful death lawsuit was filed in Las Vegas because Allegiant Air is headquartered in Las Vegas, Nevada. When corporations are sued, cases can often be filed where the company maintains its principal place of business. This allows families affected by corporate negligence to pursue legal action in the jurisdiction where the company operates and makes key decisions about policies, training, and safety protocols.
For Las Vegas residents and Nevada families who travel on Allegiant or other airlines, this case underscores the importance of understanding your legal rights when airlines fail to meet federal safety standards, regardless of where an incident occurs.
Federal Requirements for Airline Disability Assistance
Under the Air Carrier Access Act, airlines operating in the United States must provide specific accommodations to passengers with disabilities. These requirements include safe boarding and deplaning assistance, proper training for staff who handle mobility devices, and protocols designed to prevent injuries.
Federal regulations require airlines to use aisle wheelchairs, which are narrower devices equipped with safety straps, to safely board mobility-impaired passengers. The regulations also mandate that passengers being transported in aisle wheelchairs must be assisted by at least two crew members.
The lawsuit alleges that neither protocol was followed in this case. Instead, the passenger was transferred to a wheelchair without safety straps and was assisted by only one crew member rather than the federally required two.
When airlines fail to meet these standards and a passenger suffers harm, they may face legal liability for negligence. The duty extends beyond simply providing a wheelchair. It requires competent execution of the entire assistance process with proper equipment and adequate staffing.
Airport Fall Hazards and Liability
Airports and airlines must maintain safe conditions throughout the boarding process. Airport fall hazards can occur due to equipment failure, inadequate staffing, insufficient training, or failure to follow safety protocols. The transition points between terminal areas and aircraft are particularly vulnerable locations where falls may happen if proper precautions are not taken.
Whether an incident occurs at an airport in Las Vegas, Nevada, or elsewhere in the country, airlines can be held accountable when their negligence causes serious injuries or death. This is especially true when federal safety regulations exist specifically to prevent the type of accident that occurred.
Establishing liability in cases involving airline negligence typically requires showing that the airline knew or should have known about safety requirements, failed to follow those requirements, and that this failure directly caused the injury or death.
Wrongful Death Claims in Nevada Courts
Nevada law allows certain family members to pursue compensation when a loved one dies due to another party’s negligence. Families can file wrongful death claims in Nevada courts when the responsible company is headquartered or does business in the state, even if the incident occurred elsewhere.
A Las Vegas wrongful death lawyer can help families understand their rights and options following a preventable death. Wrongful death claims seek to compensate survivors for losses including funeral and burial expenses, medical bills related to the final injury or illness, lost financial support the deceased would have provided, and the loss of companionship, guidance, and protection.
In addition to wrongful death actions, Nevada recognizes a survival action in Nevada, which allows the deceased person’s estate to pursue compensation for losses the deceased personally suffered before death, including pain, suffering, and medical expenses. These two types of claims can be filed together to provide comprehensive recovery for families.
The lawsuit seeks a jury trial and damages exceeding $15,000. It also includes claims for negligent hiring, training, supervision, and retention by Allegiant, as well as emotional distress experienced by the 9-year-old brother who witnessed the incident.
Understanding Wrongful Death Settlement Values
The value of a wrongful death case depends on multiple factors specific to each situation. Wrongful death settlements are determined by considering the deceased person’s age, health, earning capacity, and life expectancy. The circumstances of the death, including whether it involved gross negligence or willful misconduct, also affect potential compensation.
Family composition matters as well. The number and ages of surviving dependents, the nature of relationships with the deceased, and the financial impact on survivors all play roles in determining appropriate compensation. Economic losses such as lost income and benefits are calculated based on what the deceased would likely have earned over their remaining working life.
When young adults die due to preventable accidents, the economic losses can be substantial given the decades of productive life ahead of them. The emotional toll on parents and siblings who witness such incidents also factors into damage calculations.
Nevada does not cap damages in most wrongful death cases, allowing juries to award compensation that reflects the full extent of a family’s losses.
For families in Las Vegas and throughout Nevada facing the aftermath of a preventable death, George Bochanis Injury Law Offices provides compassionate guidance combined with determined advocacy. We represent families in wrongful death cases involving airline negligence, traffic accidents, workplace incidents, and other preventable tragedies. Contact us at (702) 388-2005 to schedule a free consultation.
Frequently Asked Questions
Who Can File a Wrongful Death Lawsuit in Nevada?
Nevada law allows the deceased person’s surviving spouse, domestic partner, children, or parents to file wrongful death claims. If none of these relatives exist or choose not to file within a certain timeframe, the personal representative of the estate may file on behalf of other heirs. In cases where the incident occurred outside Nevada, but the responsible company is based in Nevada, claims can still be filed in Nevada courts.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates survivors for their own losses, such as lost financial support, funeral expenses, and loss of companionship. A survival action compensates the deceased person’s estate for what the deceased experienced before death, including pain, suffering, and medical expenses. Both can be pursued together to provide complete compensation for all losses stemming from the death.
How Long Do I Have to File a Wrongful Death Lawsuit in Nevada?
Nevada’s statute of limitations generally requires wrongful death lawsuits to be filed within two years of the date of death. Specific circumstances may affect this timeline, making it important to consult with an attorney promptly to protect your rights. Waiting too long can result in losing the ability to pursue any compensation.
