A British family is being accused by fellow passengers of wheeling their dead grandmother onto an easyJet flight from Spain to the U.K., telling airline staff that she was “tired.”
An elderly British passenger was wheeled onto an easyJet flight from Málaga, Spain, to Gatwick when she was already dead, horrified holidaymakers have claimed.
The 89-year-old was helped on board the aircraft by five of her relatives who, witnesses say, told airline staff she was unwell and had fallen asleep.
But just before take off, cabin crew were alerted that the woman had passed away. The plane was turned around before it left the runway – and the flight was delayed by 12 hours.
The 89-year old was wheeled onto their easyJet flight “already dead” according to passengers. The airline says she died during taxi out, following an all day flight delay. The aircraft returned to its remote stand. Spanish authorities were called to flight 8070 from Malaga to London Gatwick and the woman was pronounced dead onboard.
Multiple travelers say she was brought to the aircraft in a wheelchair, slumped and unresponsive. Some say a family member was physically supporting her head as she was moved down the aisle. The family then lifted her from the wheelchair into a seat toward the rear of the cabin.
At the gate, witnesses claim airline staff questioned her condition and were told she was “tired” or “unwell.” One passenger reports that a family member reassured employees saying, “It’s OK, we’re doctors.”
easyJet’s position is that the passenger was alive when she boarded, had a fit-to-fly medical certificate (no dead body was wheeled on board) and that she died after boarding.
Either way, it seems to me that EU261 compensation of passengers is due. And that’s true even before this incident due to earlier delays. If you arrive 3 or more hours late, payment is due unless the airline proves “extraordinary circumstances” and “all reasonable measures” to mitigate the delay.
A Malaga – London flight triggers €400. So the question is, was a 12 hour delay caused by an extraordinary circumstance that couldn’t be avoided even with all reasonable measures?
- The airline would argue a medical emergency onboard is an extraordinary circumstance. That’s consistent with E.U. guidance. They still need to show they took “all reasonable measures.”
- However, for UK261, passenger illness is considered inherent in carriage and not extraordinary. It’s an argument worth making, even if not controlling for EU261.
- The length of the delay wasn’t unavoidable. The airline actually has to show evidence here.
- And duty of care (meals/refreshments and communications) apply in either case.
(HT: Paul H.)
