Boy awarded €66,000 over hot chocolate spill on Aer Lingus flight

High court reporters

A boy who suffered second degree burns when hot chocolate spilled on him during an Aer Lingus flight has settled a High Court action for over €66,000.

Jake Hegarty Murphy was 12 years of age and travelling with his grandmother to a family wedding in Malaga when the accident happened on board the Dublin to Malaga flight four years ago.

His 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 spilled on the boy’s upper thigh area. A nurse who was travelling on the flight, Counsel said applied a burn gel on the burns and stayed with him for the duration of the flight.

Hospital

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

He attended his GP on return home and Counsel said he was put on further painkillers and for a number of weeks had to have his wounds dressed every three days.
Counsel said the boy has been left with a pale scar on his thigh.

Jake Hegarty Murphy (now 16) of Stocking Wood Green, Rathfarnham, Dublin had sued Aer Lingus over the accident 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 in particular hot chocolate.
It was further claimed there was an alleged failure to warn the boy of the known danger posed by the temperature at which the chocolate was served.

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

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