Court Rules That Emirates Didn’t Deny A Passenger Water Leading To A Broken Ankle

A passenger suing Emirates for an accident caused by being denied a glass of water has failed in her court case against the airline. Australian Lina Di Falco suffered a broken ankle after falling onboard a flight and has blamed the airline for denying her fluids. Yesterday, a court ruled against the woman, who is now potentially liable for legal costs running into hundreds of thousands of dollars.

Emirates, Jimmy Fallon, The Today Show
An Australian woman has been unsuccessful in suing the Middle Eastern airline. Photo: Tom Boon – Simple Flying

What are the details?

Lina Di Falco, an Australian woman was flying from Melbourne to Dubai back in 2015 when she claims she was not served enough fluids during the journey. She claimed that after take-off she was only served one beverage with her meal and despite asking four times for an additional glass of water, no flight attendant came through with the request.

She normally drank one liter of water during the day and took another liter with her to bed.

Because she was so thirsty, she had to get up and find herself a glass of water during the flight. Fumbling in the dark on her way to the bathrooms, dizzy and feeling like she was going to vomit, she fainted and crushed her ankle.

She was immobilized and according to The Guardian, her pain was 10 out of 10. Flight attendants helped her back to her seat, and managed to find a large bottle of water for the rest of her trip.

Why did she sue the airline?

Following her holiday, Miss Falco returned home to Australia to discover that she had a broken ankle and had to undergo surgery. Following her hospital stay, she was unable to work at her local job and had to take two months off.

“It’s always aching … since the accident,” Di Falco said to the Guardian.

Because she was no longer as mobile, she withdrew from her friends and missed out on social events. She even blames the accident on her marriage falling apart as she was no longer able to help out around the house (and in a somewhat sexist way, perform the role of the wife).

“Because of the accident, I couldn’t be … the wife that he married,”

Realizing that all these problems could be attributed to her lack of water and the fact that Emirates had failed to take care of her, she decided to sue them in the Australian courts.

Emirates, Boeing 777, Turbulence
Emirates operates to all of Australia’s major cities as part of the Kangaroo route. Photo: Emirates

What was the judge’s ruling?

On Tuesday this week, the case was heard and Justice Jacinta Forbes issued that the airline was not liable.

In this author’s opinion, there had provided plenty of opportunities for Miss Falco to have more fluids. She could have brought her own water onboard and there was even a drinking tap onboard the aircraft that was self serve.

Miss Falco was not at the court at the time of the judgment.

The court then invited Emirates to claim costs against Miss Falco, especially since the Australian woman had rejected previous offers from Emirates to settle out of court.

Now she is on the line for thousands if not hundreds of thousands of legal costs.

The judge will make another ruling on how much she is expected to pay. The airline has been reached out to for comment.

What do you think? Is this fair? Should Emirates have taken better care of the passenger? Let us know in the comments.

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Doron kabilo

I hope she and the attorney who brought this frivolous suit are forced to pay all costs, both sides, etc.
It’s time 4 people to start being accountable for their actions, including their clumsiness, ignorance, and stupidity

David Reed

It would be interesting to know how much they had offered to settle out of court. I bet she regrets not taking it. I once got a good sized blood blister on my arm by someone slamming an unlocked lavatory folding door and pinching in it my upper arm. I settled for a small amount and would not have even have claimed had British Airways flight attendants had a better attitude when I insisted they make a report. (It was painful and I wanted it noted that those doors were a menace.) If you are injured on a plane make… Read more »

JOHN KHOURY

I feel sorry for Miss Di Falco’s loss. However, I would blame her attorney for proceeding in this case and failure to settle out of court. She now needs to reduce as much as possible the potential claim for costs by the airline, unless
she is judgment proof.

kd7eir

She had no loss. “Following her holiday, Miss Falco returned home to Australia to discover that she had a broken ankle” That’s NOT how broken ankles work.

ed K

Laughing, and they claim only Americans file frivolous lawsuits.

kd7eir

“Following her holiday, Miss Falco returned home to Australia to discover that she had a broken ankle” That’s NOT how broken ankles work.

Roey

It is the duty of the flight attendant to take care of the passengers.
I always fly with Emirates airlines, but sometimes flight attendant is not really friendly, maybe stress
from their work, or they dont like to serve you.
It’s so unfair for this woman from Australia.
Where is the justice?

jsmith

Your an idiot like her.. where is the justice for the airline for having to deal with someone so stupid and out for money and her 5 mins of fame