Nearly four years later, a fashion model has prevailed in her battle for restitution from Asiana Airlines and the FAs who scalded her with soup.
It was March 17, 2014 and the model, who is only known as Chang, was flying Asiana from Seoul to Paris in business class. She claimed FAs spilled hot soup on her, scalding her “lower abdomen to her thigh and private parts” and effectively ending her modeling career.
Furthermore, she claimed Asiana did not have adequate supplies onboard to treat her. Instead, FAs only offered her pain pills, a bag of ice, and ointment for the long journey to Paris.
Lastly, she asserted that she could no longer have a normal life, as the burns would likely create problems for future pregnancy and and child delivery.
In 2015 she filed suit against Asiana, asking for only 2,000,00oKRW (1885USD) in damages.
Asiana, not surprisingly, took a very different view of the situation. They blamed her for the incident, arguing Chang had knocked over the soup tray rather than a FA. Asiana also claimed it provided medical assistance onboard under the supervision of a doctor traveling on the flight.
But a court sided with Chang and ordered the FAs onboard (and Asiana Airlines) to pay 109,600,000KRW (103,000USD) in damages.
CONCLUSION
It is not for me to say who is telling the truth, but does anyone else find it a bit puzzling that Chang only asked for $1885 if her career was indeed ruined and any pregnancy inevitably complicated? Maybe it is just the litigious culture of the United States influencing me, but I would have thought she’d go after far more. Lastly, this is likely a case of joint and several liability. That means she can go after the FAs if she chooses, but will likely just go after Asiana for payment of her damages award.
Perhaps it’s something in the line of “damage equal or exceeding”? 2m KRW seems like a nice round number to cut off for example the small claims?
I spilled coffee on myself on a flight earlier this week. Granted I was sitting in economy and wearing thicker clothes, there was no issue at all with burns. I can’t imagine spilling soup would result in burns and pregnancy complications — unless the soup was unusually hot and she dumped it directly on herself.
As a kid I spilled soup on my leg and ankle. I was left with some really large 1st degree burns (and I believe second degree burns). The worst of the burn area must have been at least 24 square inches and was heavily blistered with a ton of puss for around 10 days. This was with ER attention within 30 minutes.
I’m not doctor and I don’t know about pregnancy complications but it’s not hard to imagine that it could have impacted her career if there was scarring.
Under US employment law, an employer has an implied duty to indemnify employees for liabilities that arise during the course of the reasonable performance of their duties. Even if the employee were loaded (trust fund for example), the employer would have to pay.
@anon, cool display of irrelevant knowledge.
Perhaps the number was that low to try to get the FA/Asiana to admit fault and then bring another related suit? I know that wouldn’t work per se in the US, but maybe it would in Korea?
You’re right, it seems like there are some zeros missing from her ask.