ATLANTA- Delta Air Lines (DL) is fighting a lawsuit filed by a passenger who suffered second-degree burns from hot water spilled during a flight from Detroit Metropolitan Wayne County Airport (DTW) to Amsterdam Airport Schiphol (AMS). The airline is now requesting the court to dismiss the case entirely.
Kimberley Hickey, a registered nurse, claims the water was “excessively hot” and spilled because the tray table was slanted. Delta counters that Hickey knocked the cup herself and declined immediate medical help after the incident.
Delta Pushes to Dismiss Hot Water Burn
Hickey filed the lawsuit in March in a Michigan district court, seeking up to $215,802 in compensation under Article 17 of the Montreal Convention, which holds airlines liable for passenger injuries on international flights.
She alleges the flight attendant placed a cup of scalding water on a slanted tray table during meal service on August 19, 2024, causing it to slide onto her lap and leave her permanently scarred.
Delta’s attorneys argue the tray table was functioning correctly and that Hickey accidentally knocked the cup while opening a sachet of instant coffee.
The airline states she had requested decaf coffee, which was served as an instant coffee sachet with a cup of hot water alongside it.
Delta’s Account of Post-Incident Response
According to Delta, flight attendants immediately urged Hickey to go to the restroom to remove her clothing and assess her injuries.
She declined, placing napkins between her wet clothing and skin instead. Approximately 30 minutes passed before she pressed the call button to report blistering burns.
Once notified, the crew offered cold water for the burns, put out a call for any off-duty medical professionals on board, and contacted Mediaire, a Phoenix-based telemedicine service, for guidance.
Delta maintains that its crew followed the correct in-flight medical incident procedure once they were formally informed of the burn injury.
What Delta Admits and Disputes
As reported by PYOK, Delta openly acknowledges it has no set procedure for hot water spills and does not provide lids for hot beverages on international flights.
The airline also admits its medical kits do not include burn cream or gauze, but states the kit contents comply fully with Federal Aviation Administration (FAA) requirements.
Despite these admissions, Delta insists the flight attendants acted appropriately given the circumstances. The airline is also arguing that Hickey’s separate state negligence claim should be dismissed, as it is superseded by the Montreal Convention.
Legal Context and Industry Patterns
Burns from hot beverages are a recurring basis for Montreal Convention claims, and courts have frequently sided with passengers in such cases.
Delta has historically challenged several of these claims rather than settling early, though it did reach an undisclosed out-of-court settlement in a separate case involving a passenger whose knee was repeatedly struck by a drinks cart.
The outcome of this case may hinge on whether Delta can prove Hickey’s own actions caused the spill and that her delayed response worsened the injury, both of which are central to its request for summary judgment.
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