Southwest Airlines in Hot Water Over Hot Tea Lawsuit

by: Angela Oh

Southwest Airlines is facing an $800,000 lawsuit for serving a cup of scalding hot tea to a passenger who suffered second degree burns.  On December 8, 2011, Angela Keller was seated in the front row window seat on a flight from Nashville to Houston.  Keller ordered a cup of tea and the flight attendant handed Keller a cup of hot water sitting in another cup containing the tea bag and its condiments.  Because the front row of the airplane did not have drop-down tray tables, Keller struggled to prevent the hot tea from spilling over her lap.  Keller sat in the hot water until she was able to undo her seatbelt which was fastened due to the airline’s seatbelt requirement.  She suffered second-degree burns and permanent scarring in her groin area as a result of the spill.

Keller’s complaint alleges negligence against Southwest and the flight attendant.  Her complaint states that the flight attendant failed to offer the assistance of a tray and failed to warn Keller of the potential danger of serving hot tea during the flight.  Further, Keller alleges that Southwest served water that was unreasonably hot for use in airplanes, which are commonly known to experience turbulence.  In order to prevail, Keller will have to show that Southwest failed to take the proper precautions when serving the hot beverage.   Keller seeks both compensatory and punitive damages in the amount of $800K.