Suffering a burn injury on a plane after a hot drink was spilled can potentially give rise to a personal injury claim. Lacey Solicitors recently acted for a passenger who suffered a burn injury after a member of cabin crew on a long haul flight from Dublin spilled a hot drink. The passenger has received €10,500 in compensation.
Whilst the most common personal injury claim usually arise from road traffic accidents, accidents at work or in public places, non-fault accidents can happen almost anywhere – including at 30,000 feet!
Paul Delahunt recently acted for a client who was travelling on a long distance flight from Dublin to New York when a hot drink being served by a flight attendant was accidentally spilled over them.
The incident caused a burn injury and resulted in a claim being pursued against the airline.
Following negotiations on behalf of our client, and without having to issue any legal proceedings, the claim was successfully concluded for €10,500.00.
Can You Claim Compensation from a Burn Injury on a Plane?
As always, each case is determined on the basis of the accident circumstances and the merits of the case.
Airlines and their cabin crew are responsible for taking reasonable care when serving passengers during a flight.
A claim may arise where, for example:
- a flight attendant spills a hot drink directly onto a passenger;
- a cup is dropped while being handed to a passenger;
- hot liquid is knocked over during cabin service;
- a drink is served in an unsafe manner; or
- another incident involving food or drink causes an injury on board the aircraft.
Any heated drinks can cause significant burn injuries if they are spilled onto a passenger.
The legal position will depend upon the circumstances of the accident, the journey being undertaken and the applicable law.
The Montreal Convention and Injuries on Aircraft
Claims involving injuries suffered during international air travel can differ from an ordinary personal injury claim.
The Montreal Convention 1999 provides an international framework governing certain claims against air carriers. Article 17 deals with death or bodily injury suffered by a passenger where the accident causing the injury took place on board the aircraft or during embarking or disembarking.
Importantly for passengers who suffer scalding injuries, hot drinks being spilled on aircraft have previously been considered by the courts.
In the European case GN v ZU (Case C-532/18), a child suffered second-degree scalding when hot coffee served during a flight tipped over. The Court considered the incident capable of falling within the concept of an “accident” under Article 17 of the Montreal Convention; the incident did not have to result from a risk unique to aviation.
This illustrates why passengers should not assume that an injury is simply an unfortunate mishap for which nothing can be done.
Our Dublin Burn Injuries Case
In our client’s case, the burn injury occurred on the plane when a hot drink was spilled by a flight attendant during the flight from Dublin.
We were instructed to pursue the resulting personal injury claim. We successfully negotiated settlement in the sum of 10,500 Euros.
Every personal injury claim is different and the settlement in one case does not determine the value of another.
The value of a burn injury claim will depend upon matters such as the nature and severity of the injury, recovery, any continuing symptoms, scarring and financial losses arising from the accident.
How Much Compensation Can You Receive for a Burn Injury?
There is no fixed amount of compensation for a burn or scald injury.
A relatively minor burn which heals quickly will ordinarily be treated differently from an injury involving significant scarring or permanent symptoms.
When assessing a claim, consideration may be given to:
- the severity of the initial burn;
- the part of the body affected;
- pain and discomfort;
- the length of the recovery period;
- whether scarring remains;
- whether further treatment is required;
- psychological effects associated with visible scarring;
- loss of earnings; and
- other expenses caused by the accident.
What Should You Do if You Are Burned on a Plane?
If a hot drink is spilled on you during a flight, your immediate priority should of course be your health and safety.
Where possible, however, it can also help to preserve evidence relating to what happened.
You should also speak to a solicitor as soon as possible to determine whether there is a case to be brought.
Claims involving air travel can raise questions about which law applies, where proceedings can be brought and whether an international convention governs the claim. They should therefore not automatically be approached in the same way as an ordinary accident claim.
Can I Claim Against an Airline From Ireland or Northern Ireland?
The fact that an accident happened on an aircraft outside Northern Ireland does not necessarily mean that a passenger living in Northern Ireland cannot pursue a claim.
The appropriate jurisdiction and legal route will depend upon factors including the flight, airline, departure and destination airports and the circumstances of the accident.
Our solicitors can examine those issues at the outset and advise whether a claim can be pursued.
At Lacey Solicitors, we act for people who have suffered injuries in a wide range of circumstances. Our recent 10,500 Euro settlement following a hot drink burn on an aircraft is an example of an accident which might initially appear unusual, but which can nevertheless give rise to a valid personal injury claim.
An injury does not have to happen on a road, in a workplace or in a shop for you to seek legal advice.
If you have been burned by a hot drink on a flight, injured by cabin crew or suffered another injury while travelling by air, contact our Belfast personal injury solicitors to discuss what happened and whether you may be entitled to compensation.
