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Burns from hot coffee on an airplane? Passenger is entitled to compensation, the European Court of Justice has held
Drinking coffee and tea is a flying thing. You order a hot drink from the stewards on the plane and put it on the table. At that moment, the plane changes direction, rushes into turbulence, and you wish the coffee had spilled on the floor than on your shirt. These things happen, so you dismiss it with a casual wave of your hand. But when the hot coffee ends up on your six-year-old daughter and causes her second-degree burns, you can't let it go anymore.
This situation was adjudicated on in December 2019 by the European Court of Justice. Under the Montreal Convention, the air carrier is liable for damages resulting in passenger injury, but only if the damage is the result of an accident. The court considered the question whether a spilled coffee cup is an accident, and concluded that it is. Therefore, the air carrier was held responsible for the burn injury caused to the young girl because of the hot coffee spill. Similar cases concerning accidents and injuries while traveling are regularly reported by us. For example, read the article Three Basic Facts on Compensation for Damage Caused by Traffic or Other Accidents in the Czech Republic.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."