PASSENGERS who are scalded by hot drinks served during a flight can now sue the airline for compensation.
This is thanks to a new ruling made by the Court of Justice of the European Union (CJEU) today.
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The ruling was on a case involving a young girl who was seeking compensation from the now insolvent Austrian airline Niki Luftfahrt.
The unnamed girl was scalded during a flight after coffee served to her father tipped over.
The airline had argued that it was not liable for damages since the incident was not covered by the Montreal Convention – it was not clear if the cup tipped due to a defect in the tray it was placed on, or because of the vibration of the aircraft.
The airline said it should only be liable for accidents involving hazards associated with flight, which was not the case here.
The Convention covers compensation for the victims of air disasters, for delays and damage or loss of luggage, but does not define the word “accident”.
But the court said on Thursday that the ordinary meaning of “accident” and the Montreal Convention’s aim of balancing the interests of airlines and passengers meant damages should not be restricted to flight-related hazards.
Therefore it ruled in the girl’s favour.
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.
However, the ruling means an airline won’t have to pay out if it can prove that a passenger caused or contributed to the damage.
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In 2017, a passenger won almost £9,000 in damages after a hot tea was spilled on her during a flight.
From January 2020, a new law means air rage passengers could end up in jail abroad.
There are also a number of laws that could get you into trouble in other countries.
