Child Scarred for Life Before a Family Holiday

A seven-year-old school girl was left with severe burns across her body 40 minutes into a four-hour flight of their first family holiday, when cabin crewmember spilled a cup of tea over her.

The flight attendant was passing the child’s mother a cup of tea. However, the lid wasn’t on properly and spilled on the child’s legs, belly and feet, causing immediate blisters.

Following the incident, there was an announcement asking for any doctors on board to help, yet none were available. Meanwhile, the family was given two packets of burn cream that barely covered the area of the child’s burns.

A lady who was a nurse came to assist the incident and advised that cabin crew had nothing she could use to help to cool and reduce the burns, therefore, she had to improvise with water on a tissue. The first aid offered to her was lacking and inappropriate for the injury sustained.

The child’s family decided to seek advice from a solicitor, with the intention to take legal action against the airline for the injuries sustained. The case is currently still underway.

It is reported that a Jet2 spokesperson advised that as lawyers have been instructed, it would be inappropriate for them to make any comment at this time.

Article 17 of the Montreal Convention 1999 (which relates to flights) states:

“1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”

The convention imposes a ‘strict liability’ basis to such incidents, which means the claimant only needs to prove that the incident/injury occurred, not that it occurred as a result of the Defendant’s negligence and/or breach of duty.

Thus, the child’s family would only have to show that the airline host handled the cup of tea directly before it spilled over. If there is also strong witness evidence to corroborate the family’s version of events, then there should be sufficient prospects for her to be successful in her claim.

Further reading

Accidents in Public Places – Oakwood Solicitors

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