Melbourne woman sues Qatar Airways after visit to Hamad Airport smoking room goes wrong

An elderly woman’s ill-fated trip to a smoking room at Hamad Airport has triggered a lawsuit against Qatar Airways.

Qatar Airways is being sued by an Australian woman who returned from a smoking room that was too smoky for her liking, only to fall as she tried to get back onto a motorised buggy at Hamad International Airport.

Nazan Seyyar was 69 years old when she was returning to Melbourne from Turkey via Doha, and had requested wheelchair assistance at the airport because of her age and obesity.

She was provided with a wheelchair when the flight arrived from Antalya and then moved to a buggy to take her to the gate for her flight home.

On the way, the buggy stopped so Ms Seyyar could have a cigarette in the smoking room, but after walking to the enclosed space she decided it was “too crowded and too smoky”.

Documents filed in the Federal Court said she was not given any assistance to reboard the buggy and felt rushed by the attendant after the stop at the smoking room.

“The motorised buggy had no, or no appropriately placed handrails for Ms Seyyar to hold when stepping up to access the front passenger seat, there only being a low bar-like arm rest,” said the statement of claim.

“As she attempted to raise herself up to the seat … there was nothing to hold onto, and she fell off the buggy backwards and sideways to the right.”

A motorised buggy in use at Hamad International Airport in Doha.

The statement said the buggy driver failed to help Ms Seyyar step up to the buggy “when he knew or ought to have known that she was elderly, obese and had pre-booked wheelchair assistance and would therefore require mobility assistance”.

As a result of the fall, Ms Seyyar suffered a mild concussion, suspected non-displaced sacral fracture and the aggravation of pre-existing low back pain, for which she received medical and hospital treatment.

Under the Montreal Convention, airlines may be liable for death and physical injury to passengers that occurred en route, for an amount up to 128,821 special drawing rights, or $265,633.

For larger amounts, airlines can avoid liability by proving the accident was not due to their negligence, or solely the fault of a third party.

In Ms Seyyar’s case, Qatar Airways argued the airline was not responsible, and the damage was solely due to the negligence of the motorised buggy operator.

Ms Seyyar’s claim, filed by Victory Travel & Cruise Lawyers’ principal solicitor Victoria Roy, said she was seeking damages, interest and costs for the injury, loss and damage suffered.

“As a result of the accident on August 18, 2022, Ms Seyyar has permanent and continuing disabilities,” said the claim.

Qatar Airways’ defence, filed by Wotton Kearney aviation lawyer James Cooper, said the airline was not liable for damages in excess of $265,633 “if any”.

The matter was due to return to the Federal Court for a hearing before Justice Elizabeth Bennett on April 8.

Qatar Airways is currently awaiting a verdict from the Foreign Investment Review Board, on its application to buy a 25 per cent stake in Virgin Australia.

The investment is considered key to a deal that will see Qatar operate more flights out of Australia, under a wet lease arrangement with Virgin.

Originally published as Melbourne woman sues Qatar Airways after visit to Hamad Airport smoking room goes wrong