Southwest Airlines Sued for Failure to Protect Minor from In-Flight Sexual Assault
18 Julio 2024 - 2:38PM
Greenberg Gross LLP has filed a lawsuit in the United States
District Court for the Central District of California against
Southwest Airlines for failure to protect a minor passenger from a
foreseeable in-flight sexual assault.
The assault occurred on a connecting flight from
Las Vegas to Portland on July 4, 2022. The lawsuit highlights a
pattern of negligence by Southwest in addressing and preventing
in-flight sexual assaults, which are occurring on major airlines at
an alarming rate.
The plaintiff, a minor who was 16 years old at
the time, was seated away from his family and in between two adult
men due to Southwest’s boarding and seating policies. The
perpetrator, who appeared to be a 50-year-old, heavy-set male,
boarded the flight in Las Vegas visibly intoxicated and reeking of
alcohol. Once the cabin lights were dimmed, the perpetrator began
to assault the plaintiff.
The lawsuit details the harrowing sequence of
events: the perpetrator grabbed the plaintiff’s leg several times,
attempted to kiss him, made inappropriate comments, and touched the
plaintiff’s thigh and groin area. The assault escalated as the
perpetrator attempted to touch the plaintiff’s anus, rubbed his
stomach, and reached into his waistband. Despite the plaintiff’s
efforts to push the perpetrator away, the assault continued
throughout the flight.
Upon deboarding in Portland, the plaintiff
immediately reported the incident to his parents and the Portland
Police, which initiated an investigation. The plaintiff is now
pursuing a negligence claim against Southwest Airlines.
Unfortunately, this horrific incident was
entirely foreseeable given the circumstances: the 4th of July
holiday, the Las Vegas departure, and the perpetrator’s apparent
intoxication. Moreover, this was not the first time this happened
on a Southwest flight.
Similarly, in December 2019, a 13-year-old girl
was separated from her family while boarding an evening Southwest
flight in Las Vegas. She was seated next to a 25-year-old male who
was clearly intoxicated and smelled of alcohol. After the flight
departed, the man sexually abused the minor. Despite Southwest
being sued for failing its duty as a common carrier to provide a
safe flight for child passengers, and the later settlement of the
claim, nothing changed.
The Growing Trend of In-Flight Sexual
Assaults
This lawsuit is part of a disturbing and growing
trend of in-flight sexual assaults that airlines are failing to
adequately address:
- Woman mouths ‘help’ to airline
passenger as man sexually assaults her, officials say (Kansas
City Star, 7/8/24)
- American Airlines: Attempt to blame
9-year-old for being recorded in lavatory is 'an error' (USA
Today, 5/23/24)
- FBI Raises Awareness About Sexual
Assaults on Airplanes (FBI, 4/25/24)
- Woman Sues Delta Airlines After Being Sexually Assaulted on
Flight (Newsweek, 3/29/24)
- Sexual assault can happen in the air: What you should know,
advice (USA Today, 8/9/23)
- Southwest Airlines Settles Teen's Midair Sex Assault Case (Law
360, 6/24/22)
- American Airlines overserved drunk
passenger who raped woman on 2017 flight, lawsuit says (Dallas
News, 11/1/18)
- Woman Sues Delta After Onboard Sexual Assault, Raises
Awareness (The Points Guy, 2/28/18)
Greenberg Gross partner Daniel S. Cha commented
on the significance of the case:
“The negligence demonstrated by Southwest
Airlines in this case reflects a broader systemic failure that must
be addressed to ensure the safety and well-being of all passengers,
especially minors. This lawsuit underscores the urgent need for
airlines to implement and enforce policies that protect passengers
from sexual assault.”
The plaintiff in the case offered the following remarks in a
public service announcement about in-flight sexual assaults:
“The reason that I am going forward and speaking
about all of this is because there’s a lot of other people who
suffer the same anxiety and fear that I feel every day. I want them
to know that something can be done about it. Something needs to be
done to make sure that children are made safe.”
Read the full complaint here.
About Greenberg Gross and Fight for
Survivors
Greenberg Gross is the litigation firm of choice
for plaintiffs and defendants in bet-the-business trial work. The
firm has four offices: Costa Mesa, Los Angeles, Las Vegas, and New
York, and a team of top lawyers who handle high-stakes matters for
a roster of large companies, executives, celebrities, and law
firms. Fight for Survivors is the firm’s practice group dedicated
to representing survivors of sexual abuse, physical assault, and
serious personal injuries. To learn more about this practice group,
visit: FightForSurvivors.com.
Contact: |
Daniel
Cha |
|
Greenberg Gross LLP |
|
(o): 949.383.2795 |
|
DCha@ggtriallaw.com |
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