Courts

Boy left with scar on thigh after hot drink spill settles case for €66,000

The 12-year-old sued Aer Lingus alleging there was a failure to warn him of the known danger posed by the hot drink’s temperature

The court was told that for the duration of the holiday the boy couldn’t swim and also had difficulty walking. Photograph: Chris Maddaloni/Collins

Tue Jul 12 2022 - 20:54

A boy left with a scar on his thigh allegedly due to hot chocolate that spilt on him during a flight has settled a High Court action against Aer Lingus for more than €66,000.

The alleged incident occurred four years ago when Jake Hegarty Murphy, now aged 16, was travelling with his grandmother to a family wedding in Malaga.

The court heard liability was not at issue in the case.

The boy’s counsel, Aedan McGovern SC, told the High Court it was their case Jake was instructed to remove the lid of the hot chocolate cup so he could put in milk but the liquid spilt on the boy’s upper thigh area.

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A nurse who was also on the flight applied a burn gel on the burns and stayed with him for the duration of the flight, counsel said.

After the plane landed in Malaga, Jake was brought to hospital where he was diagnosed as having suffered second-degree burns. He was kept in hospital overnight and treated with pain relief and anti-inflammatory medication.

Counsel said that for the duration of the holiday the boy couldn’t swim and also had difficulty walking.

He attended his GP when he returned home and was put on further painkillers and for a number of weeks had to have his wounds dressed every three days, counsel said.

Counsel said the boy has been left with a pale scar on his thigh.

Mr Hegarty Murphy, of Stocking Wood Green, Rathfarnham, Dublin, sued Aer Lingus over the incident on the Dublin to Malaga flight on October 3rd, 2018.

It was claimed there was an alleged failure to provide a safe method of service of hot beverages.

It was further claimed there was an alleged failure to warn the boy of the known danger posed by the temperature at which the hot drink was served.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he wished the boy well for the future.

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