Most of us have been there at one time or another: rushing to stuff our suitcase or backpack into the overhead space on a flight so other passengers can get by. But what happens when that bag falls and hits someone else? If you’re an Oregon man on the receiving end of the falling suitcase, you apparently file a lawsuit against the airline.

The Oregonian reports that a man filed a $49,000 lawsuit against Southwest Airlines claiming he was struck and injured by an oversized bag that another passenger and a flight attendant were trying to stuff in the overhead bin.

According to the lawsuit, the man suffered a compressed disc, as well as strains and tears to the muscles in his back and neck as a result of the January 17, 2013 incident.

The man say he was waiting in his seat during the boarding process for the Portland to Las Vegas flight when a fellow passenger began trying to jostle an oversized suitcase into the bin directly above the man’s seat. A short time later, a flight attendant attempted to help maneuver the bag into the bin. It was at that point, the suit claims, that the suitcase came crashing down.

The suit asserts that Southwest should be held accountable for the incident because the airline let the passenger board with a carry-on that was too large for the overhead bins and failed to properly train flight attendants about luggage placement.

In all, the man is seeking $10,000 for medical bills, $5,000 for lost income from work he missed and $34,000 for pain and suffering.

A request for comment from Southwest was not returned, The Oregonian reports.

Southwest Airlines passenger, clobbered by large bag falling from overhead bin, sues for $49,000 [The Oregonian]

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