Edmonton woman sues Air Canada over ‘scalding’ water spill
Nov 14, 2012, 10:44 am
#16
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So if I'm in a coffee shop, and the person sitting at the next table pushes their chair out, hits my table, and knocks my hot coffee all over me causing 2nd degree burns. I'm supposed to sue the coffee shop because my business is with the coffee shop?
Nov 14, 2012, 11:17 am
#17
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Couple of points not in the original article.
The incident happened two years ago almost to the day of serving AC. In AB, new rules of court say the injured pax must make a substantive step forward once every two years. THe pax basically had to decide whether to sue AC or drop the matter all together.
In suing AC the pax will now go into arbitration where the two sides will try and work things out. The pax has sued for everything under the sun just to see what will stick with the arbritator. A lot of the case is likely to be thrown out in the early arbitration stage.
This will not be a McDonald's coffee type case.
The incident happened two years ago almost to the day of serving AC. In AB, new rules of court say the injured pax must make a substantive step forward once every two years. THe pax basically had to decide whether to sue AC or drop the matter all together.
In suing AC the pax will now go into arbitration where the two sides will try and work things out. The pax has sued for everything under the sun just to see what will stick with the arbritator. A lot of the case is likely to be thrown out in the early arbitration stage.
This will not be a McDonald's coffee type case.
Nov 14, 2012, 11:59 am
#18
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Nov 14, 2012, 2:12 pm
#20
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That's what made the difference in the McDonald's case many years ago. The coffee was at a temperature that would have been unsafe to consume.
I'm not sure about in this case. Either way, I'm always nervous on flights. So many times I've had a laptop out, and they offer me a drink, and pour from a can into a wide topped cup. I usually just ask for the can to minimize possible spills. Tea is obviously a different situation, but I'm never confident enough to drink something like that on an airplane.
I'm not sure about in this case. Either way, I'm always nervous on flights. So many times I've had a laptop out, and they offer me a drink, and pour from a can into a wide topped cup. I usually just ask for the can to minimize possible spills. Tea is obviously a different situation, but I'm never confident enough to drink something like that on an airplane.
Nov 14, 2012, 5:07 pm
#21
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Nov 14, 2012, 5:16 pm
#22
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Nov 14, 2012, 6:51 pm
#23
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In this case, it could again depend on what temperature the water was when it was served. If it was above 80 degrees, AC is probably going to be liable because that's unsafe for consumption. I believe the "optimal" temperature for a hot drink is around 60.
Nov 14, 2012, 9:18 pm
#24
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Not just sometimes! The world is full of self-entitled morons like the one in this story.
Nov 14, 2012, 9:19 pm
#25
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Coffee / water for tea is expected to be hot but a person would reasonably expect a small 1st degree burn and a wet lap as a consequence of a spill.
Nov 14, 2012, 9:23 pm
#26
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Nov 14, 2012, 9:36 pm
#27
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The whole point of a writ is to name anyone and everyone that you potentially could get monies from. This is just another example of someone trying to sue the "faceless" corporation to make a quick buck. If only people put so much effort into meaningful pursuits, this would be a much better planet!
The suit claims that Halabi, now 35, suffered second-degree burns across her lap and down to her knees.
Of course if the case is wholly without merit it will be summarily tossed and that'll be that.
Nov 14, 2012, 10:12 pm
#28
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Couple of points not in the original article.
The incident happened two years ago almost to the day of serving AC. In AB, new rules of court say the injured pax must make a substantive step forward once every two years. THe pax basically had to decide whether to sue AC or drop the matter all together.
In suing AC the pax will now go into arbitration where the two sides will try and work things out. The pax has sued for everything under the sun just to see what will stick with the arbritator. A lot of the case is likely to be thrown out in the early arbitration stage.
This will not be a McDonald's coffee type case.
The incident happened two years ago almost to the day of serving AC. In AB, new rules of court say the injured pax must make a substantive step forward once every two years. THe pax basically had to decide whether to sue AC or drop the matter all together.
In suing AC the pax will now go into arbitration where the two sides will try and work things out. The pax has sued for everything under the sun just to see what will stick with the arbritator. A lot of the case is likely to be thrown out in the early arbitration stage.
This will not be a McDonald's coffee type case.
Suing from Canada, you would not get the punitive damages that you would receive in US court. I wouldn't be surprised if the claimant is stretching the details just a bit.
Nov 14, 2012, 10:27 pm
#29
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Maybe a little compassion wouldn't hurt the planet either. If the lady was injured as the suit claims, which should be fairly easily proved with medical records and/or testimony, this wouldn't be as frivilous a lawsuit as some here maybe imagining. The article does note:
The suit claims that Halabi, now 35, suffered second-degree burns across her lap and down to her knees.
Of course if the case is wholly without merit it will be summarily tossed and that'll be that.
The suit claims that Halabi, now 35, suffered second-degree burns across her lap and down to her knees.
Of course if the case is wholly without merit it will be summarily tossed and that'll be that.
[I]"In the past two years, the injury has caused blisters, scars, post-traumatic stress disorder, depression, anxiety and panic attacks. She has had extensive medical treatment that will continue in the future, the lawsuit says.Halabi’s job as a massage therapist has been adversely affected, and thus, the amount of income she may earn in the future.
“Each aspect of her personal, professional, recreational and social life has been adversely affected,” the claim reads.[/I]
Nov 15, 2012, 6:59 am
#30
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