Posted: January 8th, 2016
A young boy has claimed compensation, through his mother, after he sustained scalding injuries whilst on an Aer Lingus flight.
The boy, who has remained anonymous, was injured whilst on board an Aer Lingus plane flying from Dublin to John F. Kennedy International Airport in the United States in June 2014. The only detailed that has been confirmed is that the child was ‘injured as a result of scalding hot liquid’.
The claim for compensation was filed in New York, and said that the boy sustained his injuries because of the negligence of the in-flight crew. Because of the accident, the boy is noted as being ‘deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same’.
Though the national airline denies any negligent activities, the Montreal Convention states that it is liable to pay compensation, once it was on an Aer Lingus flight, regardless of how the injury came about. Aer Lingus has since requested a copy of the injured boy’s medical history such that they can assess the amount of compensation needed before negotiations are due to start this month.
However, this is not a unique incident: this is the second claim made for similar scalding injuries this year. In August, a claim was filed in Florida on behalf of a ten-year-old girl, scalded by tea whilst travelling from Dublin to Orlando. The lid had not been properly fitted onto the cup.
Through her parents, the girl is making a claim for $75,000. The child had sustained burns to her legs and lower torso, and according to her parents, may require plastic surgery. Though Aer Lingus once again denies liability for the injuries, denying that the tea they served was excessively hot, they are required to pay compensation under the aforementioned Montreal Convention.
In 2011, another similar case was heard when Sophie Gorman – aged five from Knocklyon, Dublin, was also burned as a member of the crew spilled her mother’s tea on her legs. The case went to court in 2012 when Mr Justice Matthew Deery approved a compensation settlement of €7,000.
Categories: Child Injury Compensation