The European Union’s highest court has held that airlines are responsible for scalding caused by hot coffee tipped over for “unknown reasons” unrelated to turbulence or flight attendant negligence.
A six-year-old girl is at the heart of the lawsuit. On a (now defunct) Niki flight from Palma de Mallorca (PMI) to Vienna (VIE), hot coffee was served to her father. For “unknown” reasons, the coffee spilled on the girl, causing second degree burns on her chest. She sought 8,500EUR in medical expenses.
Niki argued it was not responsible for the spill, because the accident was outside the meaning of the definition in the Montreal Convention, the agreement that regulates compensation for air-related accidents.
Noting that “serving hot drinks without a cover is common practice and socially appropriate,” a regional court in Austria held for the girl. But an intermediate court overturned the decision, setting up an appeal to the Oberster Gerichtshof or Supreme Court of Justice in Austria.
Unsure of how to proceed, the Supreme Court of Justice asked the European Court of Justice (ECJ) for an advisory opinion to this question:
Where a cup of hot coffee, which is placed on the tray table of the seat in front of a person in an aircraft in flight, for unknown reasons slides and tips over, causing a passenger to suffer scalding, does this constitute an “accident” triggering a carrier’s liability within the meaning of Article 17(1) of the Montreal Convention.
ECJ Rules Airlines Are Responsible For “Unknown” Coffee Spills
The cause of the accident could not be determined. As the ECJ said:
“It could not be established whether the cup of coffee tipped over due to a defect in the folding tray table on which it was placed or due to vibration of the aircraft.”
Or maybe the father tipped it over accidentally…?
In the end, the ECJ held:
“Article 17(1) of the Montreal Convention must be interpreted as meaning that the concept of ‘accident’ within the meaning of that provision covers all situations occurring on board an aircraft in which an object used when serving passengers has caused bodily injury to a passenger, without it being necessary to examine whether those situations stem from a hazard typically associated with aviation.”
However, while “unknown” reasons like “vibrations” or a defective tray table may trigger compensation, contributory negligence by the passenger would exonerate an airline from liability:
“If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the passenger, the carrier is to be wholly or partly exonerated from its liability to that passenger.”
CONCLUSION
In the world of torts, “innocent until proven guilty” becomes “guilty until proven innocence”. I think we can all appreciate the intent of the court but also the inherent problem in this ruling. A passenger should not be denied compensation if the tray table breaks. But this ruling invites people to lie if they spill coffee on themselves. In a sense, the ruling depends upon people being honest. That’s a dangerous gamble…
You can read the full court decision here or a summary of it here (.pdf).
Or do you think airlines will simply stop serving extremely hot or extremely cold drinks that can cause skin burns?
Could be. I’d love to know how much budget carriers make in coffee sales each year.
United gave my 4 year old a cup of orange juice on a broken tray table that tilted forward and it spilled all over my backpack.
Maybe I can sue for $150 in damages now
A broken tray resulted in spilled water all over my laptop. United paid for the repair. I didn’t sue UA, though…
When I first read the title, I thought that I would be “outraged” and that this would lead to frivolous US-style lawsuits seeking millions in damages. However, EUR 8.5k for medical expenses does seem reasonable.
I wonder at what point the airlines stop taking responsibility? If my seatmate is served a coffee which later spills on me, is my seatmate responsible or the airline?
So easy to fix this. No more coffee, tea or any hot drinks served on planes. Seriously, airlines are not told by law they need to serve coffee on board of their planes. In the world of lawsuits, liability, sensible people, just do the minimum and avoid problems.
It’s crazy that hot beverages are served without lids on shaking metal tubes hurtling through the sky at 600 mph. Airlines should be required to serve coffee, tea, and other hot beverages in cups with lids, at least in economy where conditions are so crowded. This is a basic safety issue. Yet again, the EU proves that its legal system puts passengers, consumers, and citizens first — unlike the U.S., which puts corporations first.
Spot on
This is one reason that many airlines decline to serve ‘hot’ beverages during anything more than a light chop…and never while the seat belt sign is on. I’m a bit bemused by that , as the coffee is rarely more than luke warm .
My first reaction, without reading the full details, is not sympathetic to the passenger’s case. Of course it’s horrible that the child was injured.
So… Stella has reached europe?