During the holiday season Georgina and her family decides to travel overseas to take a well-deserved break as it's been 5 years since their last holiday together.  Georgina needs a break from her university studies and her financial consulting role with Solar Banking Group. On 20^th September 2020 she boards Spargato Airways - Flight 047 (a Boeing 787 Dreamliner) at Sydney International Airport, scheduled to depart 8am, and travelling direct to Bali. The embarkation process and taking-off was the best the experience for Georgina as everything was smooth and efficient.

 

During the flight Georgina and her parents ask Cabin Crew for some refreshments and are served a cup of orange juice as they have become quite thirsty from eating a whole pack of pretzels. Georgina drank the whole cup of juice and then asked for a further cup. After a few moments Georgina noticed a peculiar after taste and alerted the Cabin crew. After a brief investigation it was found that Georgina was served orange juice which contained lavender essential oil from an accidental spillage. The Cabin Crew disposed of the contaminated juice and provided Georgina with fresh orange juice. 

 

The flight over the Timor Sea was smooth with minimal turbulence and Georgina's excitement levels increased when hearing that Spargato Airways - Flight 047 will be starting their descent. At approximately 12:30pm (local time) on 20 September 2020, the seatbelt sign is illuminated and the pilot announces the planned descent into Bali International Airport (Denpasar). Flight 047s landing approach is bumpy and unexpected gusts of wind require the pilots to abort the landing and go-around. Flight 047 receives a clearance to land from Denpasar control and the pilots make a second attempt to land. Flight 047 makes a successful tarmac landing but a sudden gust of wind causes the pilots to lose directional control and the aircraft veers off the runway and crashes. The cabin crew and a number of passengers, including Georgina, have sustained multiple injuries but thankfully there were no fatalities. Georgina has sustained a shoulder fracture, broken ribs and a broken leg. An immediate investigation has determined that pilot error caused Spargato Airways - Flight 047 to crash. While recovering in a Balinese Hospital from her injuries sustained in the crash Georgina also experienced a range of other medical symptoms which included nausea, an upset stomach, loss of appetite and diarrhea which she believes started after consuming the contaminated water on Flight 047. After a few weeks Georgina's symptoms became better but she is now experiencing food sensitivities and found it difficult to eat the hospital food.

 

In August 2021 Georgina seeks medical advice as she begins to suffer from sleep deprivation, nightmares and constant flashbacks of the Flight 047 accident. She has been unable to continue her employment as a financial consultant and needed to pause her studies. On 19^th January 2023, a psychiatrist diagnosed Georgina with Post Traumatic Stress Disorder (PTSD). On 23rd January 2023 she decides to bring an action against Spargato Airways and seeks your help regarding what can be claimed and whether she can seek damages of $700,000 from the air carrier.

 

What advice should be given to  Georgina?Explain

Answer rating: 100% (QA)

Georgina may have grounds to bring an action against Spargato Airways based on the events described Here are some points to consider and advice to pro... View the full answer