Passenger sues airline following mid-flight incident

A case heard in the NSW Supreme Court concerned a Sydney woman who suffered a mishap during a flight to Europe. A flight attendant accidentally spilt hot tea on the passenger, which she claimed made her jump up, twist sharply and injure her back.

The passenger sued the airline for damages, claiming that she had had to undergo surgery for disc protrusion in her lower spine after the accident and had been left with significant ongoing pain and disability.

Was the incident an "accident" leading to the passenger's injury?

As the incident occurred during an international flight, the passenger did not have to prove negligence by the airline. Rather, she had to prove that the incident satisfied the Montreal Convention, namely that:

  • An "accident" within the meaning of the Convention had occurred during the flight; and
  • It had caused her "bodily injury".

The passenger and the airline agreed there had been an accident, but the airline disputed all other aspects of the passenger's claim. It was up to the court to decide whether the passenger had sustained the "bodily injury" claimed and whether the accident had caused that injury.

case a - The case for the passenger case b - The case for the airline
  • After the hot tea was spilt on me, I jumped to avoid it, twisted my back sharply and fell on to my partner, who was sitting next to me on the flight
  • I immediately felt a sharp pain in my lower back
  • The pain persisted after the flight and I had to have surgery on my spine
  • I now suffer ongoing pain and disability because of the spinal injury I sustained during the flight
  • My partner backs up my story of what occurred
  • Our records show that the passenger only complained about a mild burn to her leg at the time and did not complain of back pain during the flight
  • Medical evidence shows that the passenger did not seek any medical treatment for a back injury until five days after the flight
  • Medical evidence also suggests that the passenger had spinal problems well before the flight
  • The accident on the aeroplane did not cause the passenger's back injury

So, which case won? Cast your judgment below to find out

Vote case A – The case for the passenger

Vote case B – The case for the airline

Victoria Roy
Personal injury
Stacks Law Firm

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