Holiday Compensation Claim Settled Due To Personal Injury

Miss B instructed us last July after she had flown with a low cost airline to Gran Canaria, travelling with her family. Once signs were displayed to remove seat belts our client ordered a coffee from the Air Stewardess. The Air Stewardess served the coffee (which was served without milk) and as she put the coffee down in front of the claimant the plane jolted for reasons unbeknown to our client, the coffee fell off the tray and straight onto our client’s right leg causing severe burns. The Air Stewardess quickly escorted our client to the rear of the cabin and applied cooling gel to the burned area of thigh. Our client then later returned to her seat but she was in severe pain and was not able to sit properly for the entire flight.

Our client arrived at her holiday location on the Spanish Island of Gran Canaria whereby she was referred to a Medic and provided with painkillers and an antibiotic spray to ease the blistering of the burns from the split hot coffee. Our client was unable to enjoy the entirety of her holiday, as she was unable to take part in swimming as you will see the injury had blistered to such an extent that it was weeping - our client consequently had a very unhappy holiday.

Our client suffered personal injuries and other losses by reason of the above. Our client brought this claim under the Carriage by Air Act (Implementation of the Montreal Convention 1999) Order 2002. Specifically Article 17 – Death & Injury of Passengers Section (1) which states “the Carrier is liable for damage in cases of death or bodily injury of a passenger upon condition that the accident which caused the death or injury took place on board the aircraft or in the course of any preparations of embarking or disembarking”.

We recovered compensation for the injury and other losses sustained by our client which comprised of burns to the right thigh, scarring to the right thigh and psychological distress.

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