LAX03LA097

A bystander sustained fatal injuries after falling from a balloon. Although the scheduled flight had been canceled, the pilot was going to lift the balloon several hundred feet into the air so that the passengers could take a picture of the balloon in flight. As the balloon was being repositioned by five members of a ground crew, two bystanders grabbed onto the basket and it ascended more than the pilot had planned. She called to everyone to release. The five crew members and one bystander released; however, one bystander continued holding onto the balloon. During the ascent, the pilot realized the bystander was hanging on and told him to hang on while she descended. However, the bystander was unable to hold on and fell to his death. Tetrahydrocannabinol (marijuana) levels in the bystander suggested use within the hour and significant impairment.

On February 25, 2003, about 0755 Pacific standard time, a bystander fell from a Firefly 11B balloon, N1501H, during departure from Yountville, California. Bonaventure Balloon Company was operating the balloon under the provisions of 14 CFR Part 91. The commercial pilot was not injured; the bystander sustained fatal injuries. The balloon was not damaged during the local positioning flight. Visual meteorological conditions prevailed, and no flight plan had been filed.

The pilot reported that the flight was canceled as a result of poor weather conditions. However, she was going to lift the balloon into the air so that the scheduled passengers could take a picture of the balloon in flight. This required repositioning the balloon around a tree. The balloon was approximately 5 feet off the ground during the repositioning, with five ground crew members assisting in the repositioning. Two of the bystanders (passengers) came from behind and grabbed onto the handles at the bottom of the basket. This resulted in the balloon impacting the side of the tree. The pilot said, "Let go and hold the ropes," intending to raise the balloon back up 5 feet to clear the tree.

The ground crew chief realized the two bystanders were latched onto the balloon and said, "Let go!" The balloon ascended and one of the bystanders did not release the balloon. It continued to ascend to approximately 100 feet above ground level (agl) and the pilot realized that the bystander was hanging from the balloon. She told him to "...hold on..." but after a short time he released the balloon. The loss of weight resulted in the balloon ascending another 100 feet. The pilot landed uneventfully moments later.

A toxicological test for carbon monoxide, cyanide, volatiles, and drugs was completed on the bystander at the Federal Aviation Administration Toxicology and Research Laboratory, Oklahoma City, Oklahoma. The test was positive for the following:

0.0081 (ug/ml, ug/g) of tetrahydrocannabinol detected in blood;

an unquantified amount of tetrahydrocannabinol carboxylic acid detected in blood;

0.0385 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid detected in bile;

0.024 (ug/ml, ug/g) propoxyphene detected in blood;

0.157 (ug/ml, ug/g) propoxyphene detected in liver;

0.135 (ug/ml, ug/g) norpropoxyphene detected in blood;

and 1.85 (ug/ml, ug/g) norpropoxyphene detected in liver.