Air Canada does not owe man $5K for burning hand on oatmeal at airport lounge: B.C. tribunal
A man who got burned while serving himself oatmeal at an Air Canada lounge will not receive compensation, according to a B.C. tribunal.
The reason behind the decision was published on Jan. 23 , after a man named Craig Hannon claimed a total of $5,000 in damages from the airline “for medical expenses and pain and suffering” after the 2023 incident. Air Canada acknowledged that the breakfast food burned Hannon’s hand, but says it is “not responsible for his injuries,” according to the decision.
Hannon was at the Air Canada Maple Leaf Lounge at Vancouver International Airport on May 11, 2023, waiting for his flight to Las Vegas via San Francisco. He tried to ladle oatmeal into a bowl from a self-serve heated container, but the oatmeal splashed onto his hand. It was “watery and extremely hot,” he said. He was in pain and asked an employee for a first aid kit. He said he was told there was no kit available in the lounge, although Air Canada disputes that claim.
He ran his hand under cold water in the lounge and bought a tube of Polysporin, an ointment for minor wounds, at the airport.
After Hannon landed in Las Vegas, he went to a medical centre. He was diagnosed with first-degree burns to the top of his hand and index finger, and second-degree burns to his thumb, according to the decision. He said it took more than a month to fully heal.
He claimed roughly $2,200 for medical expenses and nearly $2,800 for non-pecuniary damages, also known as pain and suffering damages.
Tribunal member Alison Wake was tasked with making the small claims decision, which relied upon the Carriage by Air Act (CAA) and the Occupiers Liability Act (OLA).
Hannon cited that he was governed by the Montreal Convention, under the CAA, when the incident occurred. The Montreal Convention “applies when a passenger’s flight itinerary includes at least one international leg, as is the case here,” wrote Wake. However, a carrier is only liable for a passenger’s injury in an accident on an aircraft or while embarking or disembarking.
Hannon argued that he was in the process of embarking while waiting for his flight at the lounge.
“While I accept that Mr. Hannon had taken some required steps towards boarding his flight, such as clearing security, he was not at the departure gate, nor was he acting at Air Canada’s direction,” said Wake. She concluded that Hannon was not “in the course of embarking when he was injured” and therefore the Montreal Convention did not apply.
Under OLA, an occupier of a premises owes a duty of care to ensure a person will be reasonably safe. Air Canada conceded “that it owed Mr. Hannon the duty of care.” However, Hannon did not prove that the container “created an objectively unreasonable risk of harm.”
“The fact that Mr. Hannon was injured while using the container is not, by itself, enough to meet that burden,” wrote Wake. “The standard is reasonableness, not perfection. The OLA does not require Air Canada to remove every possibility of danger or ensure that users of the premises will be absolutely safe.”
Hannon contended that the container was dangerous and it was a breach of OLA to allow passengers to serve themselves. The container manual had a burn hazard warning that said “do not touch hot food, liquid, or heating surfaces while equipment is heating or operating” — but Wake said she found it be a common sense recommendation.
Hannon did not say that he was unaware the oatmeal would be hot. Air Canada also noted that there was a large red flame symbol on the front of the container.
Air Canada’s duty to protect passengers from an unreasonable risk of harm does not require them to “warn competent adults of the common risks associated with everyday life,” according to the decision.
Although Hannon said there was no first aid kit available, Air Canada clarified after investigating the incident that a staff member told him there was a kit in the lounge, but it did not contain burn ointment. Wake said she found no evidence that a first aid kit, with or without ointment, would have “prevented or reduced” Hannon’s injuries.
While Wake accepted that the burns were painful and the recovery process uncomfortable, she did not find Air Canada responsible and dismissed the claims.
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