Spirit lawsuit claims woman, child burned by hot water placed on tray table

Spirit hot water burn lawsuit overview: 

• Who: Marissa Foster filed a lawsuit against Spirit Airlines Inc. 
• Why: Foster claims Spirit is responsible for burns allegedly suffered by her and her then 2-year-old daughter after a cup of hot water spilled on them after the passenger sitting in front of them adjusted their seat. 
• Where: The lawsuit was filed in Michigan federal court. 

Spirit Airlines bears responsibility for burns suffered by a passenger and her 2-year-old child after a cup of hot tea spilled on them when a passenger sitting in front of them adjusted their seat, a new lawsuit alleges. 

Plaintiff Marissa Foster claims she and her child suffered “severe injuries” by way of blistering burns during an October 2022 flight, injuries she argues caused and will continue to cause emotional trauma. 

Foster argues the Spirit flight attendant who handed her a cup of water for tea did not provide any warning regarding the temperature of the water.

“Plaintiffs are claiming past pain and suffering and medical expenses, continuing treatment and medical expenses, and scarring and permanent physical and mental injuries,” states a notice of removal to Michigan federal court. 

Spirit argues flight attendants not required to issue warning about water temperature 

Spirit, in response to the lawsuit, is arguing the spill was caused by Foster allegedly mishandling the cup of hot water, in addition to the passenger in front of her adjusting their seat, and that the flight attendants were not legally required to warn Foster about the temperature of the water. 

The airline also argued federal law requires it as the airline to provide the flight with emergency medical equipment, as part of an apparent effort to shift blame away from the flight attendants onto itself. 

“The flight attendants were not required to ‘warn’ Foster about the temperature of the water served for the tea she requested, which is knowingly served at a temperature hot enough to cause burns,” the notice of removal states. 

The plaintiff is requesting an award of compensatory and non-compensatory damages without limitation for alleged past and future medical expenses and alleged deprivation and loss. 

In other news involving Spirit, the airline recently agreed to pay $8.25 million to end claims it charged unlawful carry-on bag fees to passengers who were promised they could bring a bag with no added charge. 

Have you suffered an injury while onboard a plane operated by Spirit Airlines? Let us know in the comments.

The plaintiff is represented by Timothy Seeger of Grewal Law PLLC

The Spirit hot water burn lawsuit is Foster, et al. v. Spirit Airlines Inc., et al., Case No. 4:23-cv-13022, in the U.S. District Court for the Eastern District of Michigan.

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