Australian passenger lost her 'injury case' against Emirates Airlines

One of the passengers, who had accused the Emirates Airlines, lost the injury case in an Australian court on October 15. Lina Di Falco accused the Emirates cabin crew of not providing her water while she was thirsty and later she broke her ankle when she collapsed in the flight. Now that she has lost the case against the Airline, she won't receive any compensation. 

Di Falco loses case against Emirates Airline

Lina Di Falco, 54, had filed a case against the United Arab Emirates-based airline. The case was following its legal proceedings at the Victoria state Supreme Court to claim compensation over an injured ankle, which she broke while on her journey from Melbourne to Dubai in 2015. However, the passenger now faces a potential cost running into hundreds and thousands of dollars after she failed to receive her claim. 

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The incident 

During her deposition, Di Falco said that she felt sick after having her first meal while she was traveling in the economy class of the airline. She reported that she requested for a glass of water four times, and only received a small cup of water after her meal. The passenger, after a while, fainted and broke her ankle while she was walking towards the toilet. She claims that she collapsed due to dehydration. However, the defense told the jury that there was a water fountain centered in the gallery area to provide passengers with a sufficient amount of water. Di Falco accepted that she did not see the fountain. The mother of the passenger expressed that the broken ankle caused Di Falco severe pain, due to which she forced her to take a break from work and also led to the breakdown of her marriage. 

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Court of Australia did not find the airline guilty

Justice Jacinta Forbes found that the airline was not guilty. The cabin crew did not refuse to provide water to Di Falco but deferred to later. The airline was not found liable under the Montreal Convention, which provides compensation to those who suffered from a disaster. However, in this case, nothing unusual or unexpected happened that can be defined as an accident. Leon van der Plas, who is the supervisor of Cabin crew did testify during the trial, he said that there are times two or three passengers faint in a week, two weeks rarely passed without at least one passenger fainting. Emirates, however, refused to comment on the global media when asked about the case. 

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