The Court of Justice of the European Union (CJEU) has ruled that passengers scalded by hot drinks during a flight can hold the airline liable for damages following a case brought by a young girl seeking compensation from now insolvent Austrian airline Niki Luftfahrt when coffee served to her father tipped over during a flight.
The airline contended that it was not liable since the incident was not covered by the Montreal Convention, which governs compensation for the victims of air disasters, for delays and damage or loss of luggage.
The airline said it should only be liable for accidents involving hazards associated with flight. It was not clear if the cup tipped due to a defect in the tray or because of the vibration of the aircraft.
The convention does not define the word “accident”.
The court said the Montreal Convention’s aim of balancing the interests of airlines and passengers meant damages should not be restricted to flight-related hazards.
It is now for the Austrian court, where the girl’s case was filed, to use the CJEU ruling to settle the dispute between the airline and the passenger.
We have helped a number of clients who have who have suffered an injury as a result of an accident which was not their fault and have successfully secured thousands of pounds for them.
Suffering an injury can have serious implications on you and your livelihood. Our injury solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in injury department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.
Vijay Srivastava
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