Who scalds on a flight with hot coffee, may have claims for damages against the airline. In a case before the European Court of Justice (ECJ), the responsible Advocate General stated that such an accident could justify the liability of the airline.
The background is a lawsuit over the claim for damages of a father whose daughter was injured on a flight of coffee from an overturned mug. The family flew in August 2015 from Mallorca to Vienna. On the flight, the then six-year-old daughter dumped the hot coffee from the unfolded table on the chest. She complained therefore represented by her father on 8500 euros in damages.
The insolvency administrator of the meanwhile insolvent airline Niki refused this, inter alia on the grounds that there was no accident within the meaning of the relevant Montreal Convention for international air traffic. The Supreme Court of Austria presented the case to the ECJ .
The task of the ECJ: What is an accident on board?
The Court must therefore define for the first time the definition of accident in this agreement. Above all, it is disputed whether an accident must also be based on a "risk typical for or associated with aviation". For example, severe design would typically involve severe turbulence.
In his Opinion, Advocate General Henrik Saugmandsgaard Øe took the following view: In the event of injury, any event "sudden or unusual occurring on board the aircraft or when entering and exiting" constitutes an accident and may therefore give rise to liability. It does not need to be examined whether it is at a "typical" risk. This would be "excessively difficult" for a passenger. In his view, this would otherwise amount to limiting liability to the most serious cases such as "heavy turbulence or crash".
Judges at the European Court of Justice are not bound by the opinions of the Advocates-General, but in many cases follow them. A judgment of the ECJ is expected only in a few weeks. The Austrian Supreme Court must then decide on the specific claim for damages.
