Ask a lawyer on the topic of Travel law

Condor assault in the airplane

February 20, 2010 | 20,00 EUR | answered by Michael Vogt

My 3-year-old son and I returned from our vacation in Hurghada with Condor in early February.

Around 7 pm, my son needed to use the restroom, so I accompanied him.

Since there was limited space in the onboard restroom, I left the door slightly ajar so I could help my son pull down his pants.

I heard the stewardess from behind telling me to close the door. I responded, "Just a moment, I need to help my son with his pants and get him seated on the toilet first."

The stewardess then said, "Close the door," and forcefully slammed the door behind me, causing me and my son to fall forward, resulting in him having an accident out of fear.

His underwear and jeans were soaked, and since my son doesn't usually have accidents, I didn't have any spare clothes with me.

Therefore, my son had to endure the remaining 2-hour flight without underwear and jeans, as there were no blankets available. Eventually, I had to tie my jacket around him, leaving myself with only a T-shirt.

When I confronted the stewardess about the incident, she insolently replied, "Well, you should have taken him to the toilet earlier if he needed to go so urgently."

Upon landing, my son had to put on his wet underwear and jeans in MINUS 10 degrees in Germany.

The next day, he complained of pain when urinating, and the doctor confirmed he had a urinary tract infection. It doesn't surprise me, considering he had to sit naked on the seat for 2 hours.

I have filed a complaint in writing with Condor, but have not received a response yet, except that the case is being investigated, and I may receive a compensation check.

Do I have the right to claim compensation for damages? If so, how much?

Michael Vogt

Dear seeker of advice,

I can answer your question based on the circumstances you have described and taking into account your commitment as follows:

If damage has occurred due to the behavior of the airline, they are obligated to compensate you for it.

In the field of air traffic, there are special regulations that even establish strict liability of the airline in favor of the passenger, such as the Montreal Agreement.

In this case, compensation for pain and suffering should be paid, which in your case should amount to approximately EUR 500.00.

In summary, I would recommend that you hire a lawyer to enforce your rights.

I hope that my answer has given you an initial overview of the legal situation.

Please note that this answer is based solely on the information you provided and is only an initial legal assessment of the situation. A comprehensive evaluation cannot be replaced by it. Adding or omitting relevant information can lead to a completely different legal assessment.

Feel free to contact me through the follow-up option on this portal or via my email address.

For further legal representation beyond this initial consultation, my law firm is also at your disposal.

I wish you a pleasant weekend and remain

Yours sincerely,

Lawyer Michael Vogt