A young girl can look forward to compensation, after she received burns on the body during flight with her father.
if you are Travelling with the aircraft, and the wasting of coffee, taking the cup, through no fault of rutsjer down from the folding table, the carrier can be held liable in an action for damages.
A young girl was in 2015, and burned, when her father had a coffee mugs standing in front of him, and the damage is the carrier Niki Luftfahrt liable for, says the EU Court of justice in a decision Thursday.
It is unimportant if the coffee was spilled due to turbulence.
the Case has been dealt with by the Austrian supreme court, which asked the EUROPEAN Court of justice interpret whether the incident can be assessed to be “an accident” that triggers the liability, according to the montreal convention.
the Answer from the EUROPEAN Court of justice in Luxembourg is yes.
the Court recalls that the airlines can be exempted from this liability, if it can be proved that the passenger is at fault in that he or she becomes burned by the hot coffee.
the Girl in the instant case, through his father demanded a compensation of 8500 euro, which corresponds to 63.500 Danish kroner.
the Carrier has during the trial in Austria argued that it should only bear the responsibility, if the reason for the damage was a typically risky circumstance on a flytur as turbulence.
The then-six-year-old girl raised in august 2015, with his father from Spain to Austria with the now bankrupt airline Niki Luftfahrt.
the Girl sat at the window and bowed himself, according to court documents over the armrest, when the father took up a papkrus without lid with freshly brewed coffee. He placed it on the table in front of him, and he asked for milk for the coffee.
In the same moment watching the stewardess that curled rutsjer, and she says it to the girl’s father, who does not respond.
the Mug tumbles down over the girl’s torso, and she gets andengradsforbrændinger of two to four percent of the body.
There was not found error at the folding table.
/ritzau/
