Southwest Airlines Sued for Failure to Protect Minor from In-Flight Sexual Assault

COSTA MESA, Calif., July 18, 2024 (GLOBE NEWSWIRE) -- 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.