QUESTION

Do we have a case?

Asked on Jan 19th, 2019 on Sexual Harassment - California
More details to this question:
My wife and I were flying back from WA state when a intoxicated customer sitting next to her grope her several times. My wife reported him and airline reported to police . Police met us as we landed, made report, made citizens arrest on the man. Police said he would be arrested for being intoxicated , and assaulting my wife.
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1 ANSWER

Personal Injury Attorney serving Santa Rosa, CA at Young Law Office
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Sexual assaults by passengers aboard commercial aircraft are prevalent.  In March 2018, Congress directed the Department of Transportation to develop rules to deal with sexual assaults aboard aircraft. In May 2018, Congressman Peter DeFazio introduced the "Stop Sexual Assault and Harassment in Transportation Act." In June 2018, the FBI noted an "alarming" increase in the incidents of sexual assault aboard aircraft. In October 2018, the Association of Flight Attendants (AFA) released results of a survey of over 1,900 flight attendants regarding passenger-passenger sexual assault.  The results are here.  I would recommend that you take a look at AFA's list of articles on this issue. You have a case of sexual assault/battery against the assaulter.  But, he may not have sufficient assets. I would be curious to know if he was traveling for work or personal reasons or has history of assaults.  The airline may also be liable as a "common carrier;" i.e., a business that transports people or goods from one place to another for a fee.  In California, common carriers owe passengers the "utmost care." To prevail, your wife would have to show the airline knew or should have known the man was reasonably likely to commit assault, and the airline could have prevented or reduced the harm caused by the assault.   I would like to know whether the man was visibly intoxicated? Loud, slurring words, etc.?  Was he intoxicated when he boarded?  Was he served alcoholic drinks? How many? Did the flight crew say/do anything showing they knew he was intoxicated/problem prior to your wife's assault?  Did you or your wife complain about him prior to the assault?  Did you complain or ask to change seats before/after your wife was first groped? Were you seated together? Did anyone else complain about him prior to your wife's assault or warn the flight crew about him? Red-eye flight? Over what period of time did the groping occur? Which airline?
Answered on Jan 19th, 2019 at 9:32 PM

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