Southwest Airlines is being sued after a teenager says it failed to protect him from an alleged in-flight sexual assault in 2022.
On Thursday, July 18, Greenberg Gross LLP announced in a press release sent to PEOPLE that it had filed a lawsuit against the airline on behalf of a teenager who says a man, who appeared to be 50 years old, sexually assaulted him on a connecting flight from Las Vegas to Portland on July 4, 2022.
The complaint, which was obtained by PEOPLE, was filed on Wednesday, July 17 in the United States District Court for the Central District of California.
At the time, the boy, who was 16 years old, and his family were headed to a wedding in Portland and boarded a flight from San Diego to Las Vegas, per the complaint. The family was then among the last passengers to board their second flight in Las Vegas due to a boarding group assignment, leading to a flight attendant directing the teen to a “middle seat near the back of the plane,” according to the lawsuit.
Southwest Airlines declined PEOPLE’s request for comment on Friday.
According to Southwest’s website, the airline offers family boarding so “up to two adults traveling with a child six years old or younger may board” between groups A and B. Additionally, the airline notes that if passengers are traveling with a child “age seven to 13 years old,” it “will reasonably endeavor to seat a child next to one accompanying passenger (14 and older) to the extent practicable and at no additional cost.”
Per the complaint, the boy was sitting away from his family in between two adult men, with the firm citing the airline’s “boarding and seating policies.” He was then allegedly assaulted by one of the men who appeared to be “visibly intoxicated” when the plane’s cabin lights dimmed and after a window passenger fell asleep.
The lawsuit claims that the man initially grabbed the boy’s thighs and later attempted to kiss him. The man then allegedly moved his hand up the boy’s groin and repeatedly grabbed his genitals from outside of his shorts and also attempted to have the minor touch his penis.
The complaint states that the man, “emboldened by the lack of any flight attendant intervention or monitoring,” then continued to sexually assault the plaintiff
Per the complaint, the boy was unable to alert his parents, who were sitting away from him on the flight. After leaving the plane, he allegedly “broke down in tears and informed his parents of the assault,” before his family contacted the Port of Portland Police Department.
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In the press release, the law firm cited a previous sexual assault case filed on behalf of a 13-year-old girl who flew Southwest, arguing that “nothing changed.”
“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,” Greenberg Gross partner Daniel S. Cha claimed in a statement. “This lawsuit underscores the urgent need for airlines to implement and enforce policies that protect passengers from sexual assault.”
In his own statement distributed by the law firm, the plaintiff said that he decided to come forward “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,” he said. “Something needs to be done to make sure that children are made safe.“
According to the complaint, the plaintiff is seeking “relief” including “compensatory general damages in an amount to be proven at trial.”
