South Florida Injury Lawyer Blog
A number of alarming in-flight sexual assaults have been reported over the last several months. Here in Palm Beach County, there are hundreds of thousands of airline passengers in and out of Palm Beach International Airport every single month. As West Palm Beach sexual abuse lawyers want to outline passenger rights and some avenues of recourse you are sexually assaulted on a plane.
According to FBI data, there were nearly 100 cases of in-flight sexual assaults in the U.S. reported last year. Given that sexual assault is a greatly underreported crime, it’s likely the actual number of incidents is much higher.
Airlines have legal, ethical and industry standard obligations to prioritize the safety of their passengers. U.S. law imposes a heightened duty of care for airlines on domestic flights that can make them liable for foreseeable criminal acts, including sexual misconduct or sexual assault.
Sexual assault can be a reasonably foreseeable threat in situations involving tight quarters, alcohol service and especially when there are unaccompanied minors and/or minors seated away from family members with whom they’re traveling (an all-too-common issue that the U.S. Department of Transportation is attempting to address with a proposed regulation to require fee-free family seating for kids 13 and under).
We’ll be the first to concede that flight crews don’t always have it easy. But doesn’t mean they get a free pass if they fail to exercise reasonable care and a passenger is sexually assaulted as a result.
Some reported cases of in-flight sexual assault on airplane in recent years:
- A New Jersey woman was allegedly sexually assaulted by a passenger seated next to her during a nighttime flight from Charlotte, NC to Newark, NJ. The male passenger seated next to her reportedly had his hands down her pants, forced her hand onto his genitals, climbed on top of her and began to assault her before she was able to push him off. Flight attendants were alerted and the alleged perpetrator acted as if nothing was wrong. The victim was moved to a different seat. She is now suing American Airlines for failure to properly monitor the cabin, prevent the assault and intervene in a timely manner when it happened.
- A teen alleges he was sexually assaulted by a 50-year-old passenger seated next to him on an overnight Southwest Airlines flight from San Diego to Las Vegas in 2022. The boy, who was 16 at the time, was seated at the back of his plane, separate from his family, during a flight to a wedding. The assault reportedly occurred when the lights had dimmed and the victim had fallen asleep. The boy was too scared to report anything until after he got off the plane and was reunited with his family, at which time he broke down in tears.
- The family of a 13-year-old girl with selective mutism is suing Delta after an alleged sexual assault by a 53-year-old passenger seated next to her on a red-eye flight from Las Angeles to Orlando. The girl was sat separate from her mother and older brother, in the middle seat between an unknown woman and the accused. The man was reportedly visibly intoxicated, yet the crew on the flight continued to serve him alcohol, according to the lawsuit. The assault occurred over a period of time while the lights were dimmed. Due to her condition, she was unable to call for help. The woman seated on the other side of her noticed what was happening, immediately switched seats with the girl and alerted the flight attendants. The man reportedly attempted to grope that passenger as well. The girl’s family alleges the airline failed to prevent the attack, contributed to the risk by continuing to serve him alcohol and failed to respond immediately and appropriately when alerted.
- A federal district court ruled in favor of a passenger who sued American Airlines for negligence after she was raped in an airplane bathroom by another passenger while from from Colorado to Arizona. The adult male perpetrator was reportedly visibly drunk when he boarded, yet continued to consume alcohol served by flight attendants prior to the assault.
As noted in a 2020 article published in the Journal of Air Law and Commerce, airlines actually don’t have a legal duty to report in-flight sexual assaults to law enforcement. This needs to change. But in the meantime, it doesn’t mean airlines have no duty of care to passengers in sexual assault cases. Also, passengers absolutely can and should report such incidents – ideally as soon as possible.
But even if no criminal charges are filed, victims may still have remedies through the civil court system. If you have been assaulted in-flight on a plane to or from South Florida, contact our experienced West Palm Beach sexual abuse lawyers to review your legal options.
Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Additional Resources:
Accountability For Sexual Assault Aboard Airplanes: An Analysis of the Need For Reporting Requirements at 35,000 Feet, 2020, By Madison L. George, Journal of Air Law and Commerce
More Blog Entries:
How Much is a Florida Sexual Abuse Lawsuit Worth? July 6, 2024, West Palm Beach Sexual Abuse Lawyer Blog