Boy awarded €66k after hot chocolate spilled on him during Aer Lingus flight

Jake Hegarty Murphy was 11 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 court it was their case that Jake was instructed to remove the lid of the hot chocolate cup so he could put in milk.

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

After the plane landed in Malaga, he 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 he was put on further painkillers.

For a number of weeks, he had to have his wounds dressed every three days.

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

Jake of the Stocking Wood estate in Rathfarnham, Dublin had sued Aer Lingus over the accident on the Dublin to Malaga flight on October 3,2018.

It was claimed there was a failure to provide a safe method of service of hot beverages in particular hot chocolate.

It was further alleged there was a 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.