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Southwest Airlines sued over inflight assault of minor

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Southwest Airlines sued over inflight assault of minor
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Gary Leff Chief Financial Officer | View from the Wing

Southwest Airlines is facing a lawsuit for allegedly failing to protect a minor from an inflight sexual assault. The incident raises questions about the extent of an airline's responsibility for the behavior of its passengers.

The lawsuit, filed in U.S. District Court for the Central District of California, details an incident on July 4, 2022. A family traveling from San Diego to Las Vegas and then to Portland on Southwest Airlines flight 230 was unable to sit together due to their C boarding group passes. The 16-year-old plaintiff ended up seated between two men, one of whom was described as “a 50-year-old, heavy-set male…visibly intoxicated and reeking of alcohol.”

According to the complaint, the intoxicated passenger repeatedly assaulted the minor during the flight by grabbing his leg, attempting to kiss him, making inappropriate comments, and touching his thigh and groin area. The perpetrator also attempted to touch the plaintiff’s anus, rubbed his stomach, and reached into his waistband. Despite efforts by the plaintiff to resist, the assault continued until the flight landed.

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Upon arrival, the boy reported the incident to his parents who subsequently contacted law enforcement.

The lawsuit argues that Southwest Airlines should have anticipated such risks given it was a flight departing from Las Vegas over a busy holiday weekend and that they should have noticed the passenger's inebriated state. This case points out that this is not an isolated incident involving unruly passengers on Southwest flights.

The family’s legal argument centers on alleged negligence by Southwest Airlines for not preventing an obviously intoxicated passenger from boarding and for not ensuring safer seating arrangements for minors even though their policy typically applies only to children under age 13.

Questions arise regarding whether a 16-year-old has any responsibility to alert flight attendants or seek help during such incidents. Additionally, there are broader concerns about how airlines manage intoxicated passengers and whether stricter measures like breathalyzers at gates should be implemented.

While airlines generally strive to avoid allowing intoxicated passengers onboard, it remains a frequent occurrence. The debate extends to whether federal regulations should enforce more stringent background checks or monitoring systems for all passengers.

Despite these serious allegations against Southwest Airlines, it remains uncertain if they exercised less than their ordinary duty of care compared to other airlines in similar situations. The primary responsibility undeniably lies with the perpetrator of the assault; however, holding Southwest liable could imply significant changes in airline policies and procedures moving forward.

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