Air­lines sued for thou­sands by dozens of pas­sen­gers over hot food or drink burns

Rul­ing by the EU Court of Justice in 2019 has res­ul­ted in a rise in claims

Dozens of passengers have brought personal injury claims against airlines after they were allegedly scalded while being served hot food or drink.

Data shows that more than 100 cases were lodged with the Injuries Resolution Board in the last six years.

However, the board — which was set up to reduce the need for litigation in personal injury disputes — does not have the remit to deal with claims related to aircraft incidents, and they must be pursued through the courts instead.

A ruling by the EU Court of Justice in 2019 has resulted in more claims being brought against airlines for such incidents.

The court found that airlines are legally liable for harm caused by the accidental spilling of hot drinks, even if the mishap was not because of something associated with the flight.

In 2015, a six-year-old girl flying from Palma de Mallorca in Spain to Vienna in Austria was badly scalded when her father’s coffee fell into her lap for unknown reasons while travelling with an Austrian airline.

The family demanded €8,500 from Niki Luftfahrt, which was founded by former Formula One racing champion Niki Lauda.

The airline argued that a spill was not a “hazard typically associated with flight” and, as such, it was not covered as an accident under the Montreal Convention on International Air Transport. However, Europe’s top court disagreed.

Since then, airline passengers have received thousands of euro in compensation after bringing successful cases.

In 2019, an eight-year-old girl from the United States settled a High Court action against Ryanair for €150,000 after she suffered second-degree burns when hot chocolate spilled onto her lap.

Last month, another case involving Ryanair came before the courts, with a judge rejecting an offer of €25,000 for a young girl who was burned by a “piping hot meal” on a flight from Lourdes.

In some cases, plaintiffs have given evidence that they had to receive counselling due to the trauma they experienced after such incidents.

A breakdown of the claims shows that:

• 18 cases were initiated in 2018
• 24 in 2019
• 19 in 2020
• 13 in 2021 and 2022
• 23 in 2023
• 20 last year

In total, there have been 117 claims. The board did not have data for the previous years.

A spokesperson said that although “some of these claims are submitted to the board, we release them from our process, and the claimant is entitled to pursue them through the courts if they so wish.”

This means that the true number of claims relating to such incidents is likely higher.

The majority of claims related to burns that occurred on flights, but some also include scalds that happened in airline lounges.

While the data does not show which airlines were involved, both Ryanair and Aer Lingus have been sued for substantial damages before the courts.

In 2022, Aer Lingus agreed a settlement of €66,000 in the case of a boy aged 11 who suffered second-degree burns when he was scalded by hot chocolate while travelling to a family wedding in Spain.

It was alleged he was instructed to remove the lid from the cup to add milk to the drink, and the liquid spilled on his thigh area, causing the burns.

In another case, a young girl received €23,000 after an air hostess spilled a cup of boiling water on her.

A spokesperson for Aer Lingus said:

“Aer Lingus cabin crew uphold the highest safety standards and undergo rigorous training for the safety of all passengers.”

Ryanair did not respond to numerous requests for comment.

Flight accident claims are governed by international law following the introduction of the Montreal Convention.

This means passengers can go to court wherever they live, and there is no limit for damages relating to injury or death.

‘In some cases, plaintiffs have given evidence they had to receive counselling due to the trauma they experienced.’