Delta Air Lines (DL) is fighting a lawsuit in which a passenger seeks $215,802 in damages after she says hot water spilled on her lap, causing second-degree burns during an international flight. The incident occurred aboard a Delta flight from Detroit Metropolitan Airport (DTW) to Amsterdam Airport Schiphol (AMS) in August 2024. The airline has filed a motion to dismiss, asserting that the passenger’s own actions caused her injuries, Paddle Your Own Kanoo (PYOK) reported.
Delta’s legal team argues that the tray table and service procedures did not malfunction and that the spill was the result of how the passenger handled the hot water. The airline claims its crew offered appropriate assistance when the spill was reported.
Legal Background and Allegations Against Delta
The passenger, identified in court filings as Kimberley Hickey, filed her complaint in a U.S. district court in Michigan last year. She alleges that a flight attendant placed a cup of “excessively hot” water on a slanted tray table, which slipped and spilled onto her lap.
Hickey says this left her with second‑degree burns and long‑term scarring, prompting her to seek compensation under the Montreal Convention.
Under Article 17 of the Montreal Convention, airlines can be held liable for injuries sustained in the course of international carriage unless they can prove that the passenger’s own negligence was the cause. Hickey’s claim seeks up to $215,802 for medical costs, pain and suffering, and related losses.
Delta responded by filing for summary judgment, asking the court to throw out the case entirely. The carrier contends that the tray table was functioning properly at the time of service. The airline also says the water only spilled when the passenger allegedly knocked the cup over while opening an instant coffee sachet.
In addition to disputing the liability claim under the Montreal Convention, Delta argues that a parallel state negligence claim should also be dismissed as superseded by the international treaty.
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Delta’s Account of the Incident
Delta’s attorneys maintain that once the passenger realized she was wet, the crew offered to help her evaluate the severity of her injuries.
The airline says flight attendants suggested she go to the restroom to remove her soaked pants, but she declined. Instead, she reportedly placed napkins between her clothing and skin. About 30 minutes later, she used the call button to request help for her burns.
Delta acknowledges that it does not provide lids for hot drinks on its international service and that its medical kits lack specific burn treatments such as burn cream or gauze.
The airline says this does not constitute negligence, stating that its kits meet Federal Aviation Administration requirements and that crews acted in line with established in‑flight medical protocols.
The carrier also notes it contacted a telemedicine service for guidance on how to assist the passenger after the spill was reported.
All in All
Lawsuits involving burn injuries from hot drinks on aircraft are not unique to this case. Passengers have pursued claims against other carriers after beverage spills, with some resulting in judgments and settlements.
According to PYOK itself, Delta initially fought:
“a lawsuit by a Florida woman who claimed she was injured when a flight attendant pushed a drinks cart into her knee multiple times. In the end, however, Delta reached an undisclosed out-of-court settlement.”