Ryanair claims airline staff not responsible for grandchild's scalding with spilt drink, grandmother is

Ryanair's solicitor stated in written evidence it had been alleged the airline’s employees had caused Ms Domzalska, referred to as the boy’s guardian on the flight and seated next to him, to spill the hot beverage over him. They claimed his injuries had been due to acts or errors on the grandmother's part. File picture

Ryanair, who face a €60,000 damages claim on behalf of a child who was scalded on a flight from Shannon to Wroclaw in Poland, have alleged his granny was responsible for spilling a hot drink on him.

County registrar Patricia Hickey was asked on Monday to join Kacper Jacacki’s grandmother, Wanda Domzalska, formerly of Railway Meadow, Townspark, Longford, as a third party to her grandson’s personal injuries claim.

Ryanair solicitor, Daniela Sabolova, stated in written evidence it had been alleged the airline’s employees had caused Ms Domzalska, referred to as the boy’s guardian on the flight and seated next to him, to spill the hot beverage over him.

Ms Sabolova said a full defence by Ryanair had been delivered in the proceedings in which it was denied the boy had a cause of action against the airline and alleging any claim he might possibly have was against his granny and guardian on the flight.

The county registrar heard that the boy had suffered second-degree burns and had specifically alleged it had been his granny’s hot drink that had spilled over him. 

Ms Sabolova stated that the hot drink had been delivered to his grandmother and claimed his injuries had been due to acts or errors on her part.

Ms Sabolova said the grandmother had a duty of care towards her grandson in circumstances where she was his grandmother and was in loco parentis of him on the flight.

Solicitors for the boy and his father, Tomasz Jacacki, said: “such an unmeritorious and unworthy application” seeking to join the boy’s grandmother as a third party to the proceedings should never have happened.

Barrister Shane English, who appeared with Rebekah Tutty BL for Ryanair, told county registrar Hickey it was a matter for the defendant or the court to decide whether on not a third party might be joined to the proceedings.

“What has been stated is outrageously egregious to my client and were the remarks not contained in a legal document I would be saying they were defamatory of my client,” Mr English said.

The county registrar allowed an adjournment of the application to join the boy’s granny to the proceedings so that Ryanair could file a replying affidavit to the objection of its doing so. The boy’s grandmother was stated to be now resident in Poland.