Flight Attendant Spills Hot Tea On Passenger, Hawaiian Airlines Sued

A lawsuit has been filed against Hawaiian Airlines by an Australian woman, who claimed she sustained scars after a flight attendant knocked a cup of hot tea on her lap.

Dimity Plaister, 47, from the Gold Coast, Brisbane, was flying from her hometown to Honolulu, in April 2017, when the incident allegedly occurred. According to court documents obtained by News.com, a crew member on the flight accidentally knocked a cardboard cup of black tea, which was on the plaintiff’s food tray, while passing a carton of milk to her co-passenger. The cup of scalding tea landed on Plaister’s lap, drenching her clothes and burning her skin.

“As a result of the incident, the applicant suffered burns to her hip, thigh and buttocks as well as psychological injury,” the statement of claim read.

She was “not offered medical treatment or assistance by cabin crew to dry her lap or ease her pain,” even after she had alerted in-flight crew of the incident, Plaister claimed.

Plaister was seeking unspecified damages from Hawaiian Airlines under the Montreal Convention, formerly known as the Convention for the Unification of Certain Rules for International Carriage by Air – a multilateral treaty that regulated the liability of airlines to passengers on international flights.

“Plaister was unable to enjoy her 10-day booked and paid-for holiday in Honolulu due to her symptoms and the restrictions arising from the injuries she sustained,” court records stated.

Hawaiian Airlines said in a statement it was “disappointed” that the matter reached the court. The company also denied claims that proper measures were not taken by the flight attendants following the incident.

“We won’t be commenting on specifics as this matter is in legal process. This was an unfortunate incident which we have investigated internally,” the statement said. “We were disappointed to learn of this court case as we are satisfied that appropriate procedures were followed on board. We also continually review our safety procedures against international airline industry standards to ensure the in-flight safety of our passengers.”

Travel law attorney Sean Sweeney, from Shine Lawyers – the firm representing Plaister – told News.com that lawsuits against airline companies for hot drinks spillage were becoming increasingly common in recent times.

“We are receiving a rising number of inquiries from travelers with scalding injuries, which is a genuine problem in the airline industry,” Sweeney said. “Airline carriers are required to ensure the safety and wellbeing of their passengers on board and should be taking proactive steps to stop burns being sustained in flight. We welcome discussion by airlines around steps which might be taken to further protect the safety of those on board.”

Plaister’s case was presented at the court Wednesday before the presiding judge adjourned it till next week.