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-   -   Emirates sued over claims it refused traveller additional water (https://www.flyertalk.com/forum/emirates-skywards/1973521-emirates-sued-over-claims-refused-traveller-additional-water.html)

DanielW Jun 11, 2019 12:28 am

Emirates sued over claims it refused traveller additional water
 
I am not a lawyer but it seems a bit of a reach.

A woman is suing the airline Emirates, claiming she collapsed after being refused adequate water on a long-haul flight.

Lina Di Falco, 54, has told Victoria’s supreme court she suffers constant ankle pain from the injury she sustained on the 2015 flight from Melbourne to Dubai after being refused additional water.

Di Falco said she asked repeatedly for water after boarding the 15 March flight but only received one glass with her meal more than an hour after the plane took off.
https://www.theguardian.com/business...ditional-water

aeropix Jun 11, 2019 12:35 am

Sounds like the usual social media outrage generated by folks who don't want to take responsibility for their own actions / inaction. If water was a priority, a $3 bottle from the airport shop before boarding would solve the problem.

Oh the drama! Her pain was a 9-10 out of 10:

9 – Excruciating pain. Unable to converse. Crying out and/or moaning uncontrollably.

10 – Unspeakable pain. Bedridden and possibly delirious. Very few people will ever experience this level of pain.

Avoiding Two Common Pitfalls

When rating their pain, the most common mistake people make is overstating their pain level. That generally happens one of two ways:
  • Saying your pain is a 12 on a scale of 0 to 10.
    While you may simply be trying to convey the severity of your pain, what your doctor hears is that you are given to exaggeration and you will not be taken seriously.
  • Smiling and conversing with your doctor, then saying that your pain level is a 10.
    If you are able to carry on a normal conversation, your pain is not a 10—nor is it even a 9. Consider the fact that natural childbirth (no epidural or medication) is generally thought to be an 8 on the pain scale. Just as with the first example, your doctor will think you are exaggerating your pain and it is probably not nearly as bad as you say.

nancypants Jun 11, 2019 4:20 am


After returning to Australia from her holiday, the Moonee Valley city council employee was told her ankle was broken. She underwent surgery and did not go back to work for more than two months.
how long was this holiday that she had almost 10/10 ankle pain but didn’t seek medical attention? What am I missing here?!

m0hamed Jun 14, 2019 9:07 pm

As reported by the SMH she continued on her vacation and only complained upon her return https://www.smh.com.au/national/vict...11-p51wjt.html

She also claims she is highly active and a skier. Without shaming her she has cast this into the spotlight and one may question how active she may have been.

And then to claim it led to her divorce because she couldn't perform housework?!

To play devil's advocate it is possible she was in a window seat in Y, but still..

amnicoll Jun 16, 2019 5:21 am

Quite frankly I do not believe this the idea that an airline would not give water is ridiculous

thijsseh Jun 16, 2019 6:52 am


Originally Posted by amnicoll (Post 31207632)
Quite frankly I do not believe this the idea that an airline would not give water is ridiculous

You clearly haven’t flown BA short haul. You have to purchase the water.

DYKWIA Jun 16, 2019 7:05 am


Originally Posted by thijsseh (Post 31207821)
You clearly haven’t flown BA short haul. You have to purchase the water.

No, you get free water, but you have to wait for everybody else to be served first.

sleepy_jean Jun 16, 2019 7:47 pm

I saw the article referred to a public drinking tap on emirates flights which I never knew existed. Does anyone know where they have them? (I’m someone who drinks a lot of water too)

skywardhunter Jun 16, 2019 9:06 pm


Originally Posted by sleepy_jean (Post 31209651)
I saw the article referred to a public drinking tap on emirates flights which I never knew existed. Does anyone know where they have them? (I’m someone who drinks a lot of water too)

In the galley area, usually along the sides near the lavatories (not the center galley section itself). This is the aircraft's onboard water, if you really want to go for that. You can also just go to the galley and ask for water or help yourself (often mid-flight the smaller galleys are unstaffed and unused while staff are on break or meeting elsewhere on the aircraft, and they leave out a bottle of water and some plastic cups, sometimes also wine and juices.

The issue here I suspect is an extended period of pushback, taxi, holding for take-off, where all pax and staff must remain seated and belted in. I've been in this situation where I've been thirsty and it can easily be 45 minutes before one has a chance to get some water, and it is absolutely not the crew's or airline's fault.

amnicoll Jun 17, 2019 4:25 am


Originally Posted by thijsseh (Post 31207821)


You clearly haven’t flown BA short haul. You have to purchase the water.

True I have not but she would still be able to get water even if it is outrageous that you have to pay

As I said I simply do not believe this to be true

N830MH Aug 9, 2019 12:03 am

Wow! I'm very disappointed about Emirates. They did not give her a water. They should listen to her. She wants a water. She didn't pay a bottled water at retail shop before boarding the aircraft.

amnicoll Aug 9, 2019 3:25 am


Originally Posted by N830MH (Post 31396333)
Wow! I'm very disappointed about Emirates. They did not give her a water. They should listen to her. She wants a water. She didn't pay a bottled water at retail shop before boarding the aircraft.

At many airports the water would have been confiscated at the pre boarding security

skywardhunter Aug 9, 2019 3:27 am


Originally Posted by amnicoll (Post 31396657)
At many airports the water would have been confiscated at the pre boarding security

No...? Only if bought landside.

aeropix Aug 9, 2019 3:51 am

Bottom line is the "victim" refused to take responsibility for her own action or inaction and resorts to generating a tremendous amount of modern internet outrage after the world refused to stop turning and instantly coddle to her demands.

amnicoll Aug 9, 2019 4:03 am


Originally Posted by skywardhunter (Post 31396661)
No...? Only if bought landside.

I have had bottles confiscated airside before boarding and as a result I tend not to carry them on board now so do not know how widespead it is

However as I said I simply do not believe anyone would be refused water on a plane - yes they may have to pay which I do not agree with

skywardhunter Aug 9, 2019 5:17 am


Originally Posted by amnicoll (Post 31396708)
I have had bottles confiscated airside before boarding and as a result I tend not to carry them on board now so do not know how widespead it is

However as I said I simply do not believe anyone would be refused water on a plane - yes they may have to pay which I do not agree with

There is no security check before boarding for most flights. Off the top of my head flights departing to the US or Australia are the only ones that would have these and the Australian ones are the ones that might have issue with water.I carry water or coffee on many flights on many airlines in many countries many times a year.

Dave Noble Aug 9, 2019 5:18 am


Originally Posted by skywardhunter (Post 31396661)
No...? Only if bought landside.

Depends on the airport - At many airports ( e.g. Singapore and Kuala Lumpur ) security checks take place at entry to the gate lounge

A good way of doing security if happy to pay for infrastructure for xrays et al at each gate

DYKWIA Aug 9, 2019 5:37 am


Originally Posted by amnicoll (Post 31396708)
I have had bottles confiscated airside before boarding and as a result I tend not to carry them on board now so do not know how widespead it is

On what grounds? Somebody searched your bag for water before boarding?

Will08 Aug 9, 2019 5:42 am


Originally Posted by DYKWIA (Post 31396843)
On what grounds? Somebody searched your bag for water before boarding?

Flights at DXB to Australia have water removed before boarding (additional security). Has happened to me both times I have flown there in the last two years.

amnicoll Aug 9, 2019 5:44 am


Originally Posted by DYKWIA (Post 31396843)
On what grounds? Somebody searched your bag for water before boarding?

seen on the security scanner and told you can not take it on board

SheldonB14 Aug 9, 2019 6:08 am


Originally Posted by DYKWIA (Post 31396843)
On what grounds? Somebody searched your bag for water before boarding?


I've had this happen to me in SIN, KUL and DXB. Some airports either do all their security scanning at the gate (e.g. SIN, and some gates at KUL) or do additional searches at the gates for certain flights, which happened to me a number of times at DXB.

aeropix Aug 9, 2019 6:13 am


Originally Posted by amnicoll (Post 31396708)
I have had bottles confiscated airside before boarding and as a result ...do not believe anyone would be refused water on a plane - yes they may have to pay which I do not agree with

The flight in question was departing FROM Melbourne, where you can bring any food or beverage purchased airside onboard. Thus I reiterate my position about personal responsibility.

amnicoll Aug 9, 2019 6:28 am

As I have said I would never expect not to be able to get water on board (apart from perhaps if you are sat on the ground for some reason for hours) and therefore would not consider it anyone's responsibility to buy water before boarding in the expectation of no water being on board. having said that I repeat I do not even take this report at face value

Will be interesting to see what the outcome of this is

Annalisa12 Aug 9, 2019 6:38 am

what injury would be caused to your ankle ig no water. Stupid.

How wonderful that it only caused her issues AFTER her holiday .

skywardhunter Aug 9, 2019 6:46 am


Originally Posted by amnicoll (Post 31396961)
As I have said I would never expect not to be able to get water on board (apart from perhaps if you are sat on the ground for some reason for hours)

Good thing you read the report then. This thread is old and no idea why it's now becoming active again.


Di Falco said she asked repeatedly for water after boarding the 15 March flight but only received one glass with her meal more than an hour after the plane took off.

nancypants Aug 9, 2019 8:25 am


Originally Posted by skywardhunter (Post 31397028)
Good thing you read the report then. This thread is old and no idea why it's now becoming active again.

however. I do wonder if there has been any movement in court- nothing obvious I can see in the papers?

kq747 Aug 9, 2019 8:26 am


Originally Posted by Will08 (Post 31396851)
Flights at DXB to Australia have water removed before boarding (additional security). Has happened to me both times I have flown there in the last two years.

Also happened to me in the aftermath of the extra security measures placed on USA bound flights. An unopened Voss from the lounge was taken from me at Concourse A i.e. 20ft + lift ride from where I picked it up 30 seconds prior... smh

Wanderlust_65 Oct 14, 2019 11:44 pm

Fresh off the press: Passenger’s lawsuit fails at Victoria’s Surpreme Court.

I cannot post the link to the article in The Age so here the full version: [link added by mod - partial quote of article]



A thirsty traveller has lost a legal case against Emirates airline, after claiming she collapsed on a long-haul flight as a result of being denied enough water.

Lina Di Falco, 54, now faces potential costs running into hundreds of thousands of dollars after failing to get compensation from the airline giant.

Ms Di Falco sued the airline for damages in the Victorian Supreme Court, claiming the denial of adequate water caused her to faint and fall, hurting her ankle on the March 2015 flight from Melbourne to Dubai.

The mother told the trial the injury caused her constant pain, forced her to take two months off work, deprived her of doing the things she loved and led to her marriage breakdown.

Justice Jacinta Forbes on Tuesday found Emirates had no liability. She invited the parties to make submissions on costs.

Barrister John Ribbands, representing Emirates, is also seeking special costs, given an offer made to Ms Di Falco to resolve the case early was rejected.

Ms Di Falco, who was not in court for the judgment, told the trial she had constant ankle pain after falling on the way to the bathroom......
https://www.theage.com.au/national/v...15-p530t3.html

nancypants Oct 15, 2019 12:09 am

Not that it adds much but i’ll put the link in case anyone wants to (?!) look at photos or related coverage etc

https://www.theage.com.au/national/v...15-p530t3.html

i do feel a little bit bad for her as she has clearly been badly advised. However my suspicion is that fundamentally a unhappy turn of events has befallen her and she needed someone to blame. Hopefully now she can make peace with things

DanielW Oct 15, 2019 1:12 am

Good to see some common sense ^

BadoRas Oct 15, 2019 3:47 am


Originally Posted by nancypants (Post 31629422)
I do feel a little bit bad for her as she has clearly been badly advised

I couldn't agree more. Seems like she was given bad advice, but it's also possible she didn't heed the warning of what could happen if she lost.

The whole thing is sad and unfortunate. I do hope she's not ruined by the costs.

amnicoll Oct 15, 2019 5:07 am

Unfortunately there is always a lawyer who smells money and peoples first reaction these days to misfortune is to look for compensation but nothing has yet convinced me that there was ever a case here


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