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In A Flight Of More Than Nine Hours, Black Lawyer Suffers Physical Aggressions And Racial Injuries From Passenger, While Latam Ignores The Case. Justice Rules, And Airline Is Condemned To Pay R$ 18 Thousand.
Airline Took No Action During Aggressions On Nine-Hour Flight
In an episode that shocked Brazil and the world, Latam Airlines was condemned to pay compensation of R$ 18 thousand for moral damages to a black lawyer who suffered a series of verbal and physical aggressions during a flight from New York (USA) to Guarulhos (SP).
According to the G1 portal, the incident, which occurred on February 13, 2022, exposes not only the explicit racism of a passenger but also the airline’s failure to handle the situation appropriately, putting the passenger’s integrity at risk.
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The Beginning Of The Nightmare: Aggressions Already On American Soil
João Vitor’s ordeal, the lawyer who was the victim of aggression, began even before takeoff when he was trying to settle into his seat.
The passenger of Chinese nationality, Qu Aiong, lay down in the seat next to João Vitor’s, with the clear intention of preventing him from occupying his place.
The behavior, which was witnessed by a Latam employee, is just the beginning of the suffering that the lawyer would have to endure during the more than nine hours of flight.
According to accounts in the court case, the passenger used clearly racist language, such as “go back,” suggesting that the lawyer should move to the back of the plane.
However, Latam took no action to remove the aggressor from the area, even though the airline employee was aware of the situation.
Instead, the aggressor was merely relocated to another seat, behind João Vitor, a decision that, according to the court, was insufficient to prevent the escalation of the problem.
The Worsening Of The Situation: Physical And Emotional Violence
As the flight continued, the situation worsened by the minute. For more than nine hours, the black lawyer was subjected to further physical and verbal assaults.
The aggressor not only made threats and insults but also <strong:kicked João Vitor's seat several times, in addition to forcing a vomit in his direction, in a clearly hostile and disturbing act.
According to the court case, Latam failed to take action to ensure João Vitor’s safety, allowing the aggressions to continue without any intervention from the staff.
The airline’s omission was deemed unacceptable by Judge Juliana Forster Fulfaro, who emphatically stated that Latam not only had a duty to act but should have taken appropriate measures while still on American soil.
The Trial: Omission Of Latam And Liability For Omission
In the ruling of the São Paulo Court of Justice, Judge Juliana Forster Fulfaro declared Latam guilty of failing to protect the passenger.
According to the magistrate, the company not only failed to prevent the aggressions, but also neglected to contact local authorities when the situation worsened.
The judge noted that by allowing the lawyer to be targeted for hours without taking any action, the airline violated João Vitor’s honor and rights.
The defense of Latam, in its attempt to justify the lack of action, argued that it would not be possible to make a “forced removal” of the aggressive passenger and that the worsening of the situation only occurred after takeoff. However, for the judge, these arguments do not hold.
The airline, as a service provider, has a duty to protect the integrity of its passengers, and completely failed in this respect.
The Reparation Of Damages: Compensation For The Victim
As a result, João Vitor was awarded compensation in the amount of R$ 18 thousand for moral damages. The judge emphasized that the psychological and emotional violence suffered by the lawyer went beyond offensive words, deeply affecting his dignity and well-being.
The decision seeks, in some way, to redress the damages caused by Latam’s omission, which did not ensure the safety and respect of the passenger during the flight.
This case highlights a systemic problem of racism and failures in customer service by airlines.
According to the judge, Latam failed to act as it should, allowing the situation to escalate. Financial reparation is a small step in light of the extent of the suffering experienced by João Vitor during that flight.
The Implication Of The Case For Airlines:
In addition to dealing with a specific case of racial aggression, Latam’s conviction is a warning to all airlines.
Their responsibility goes beyond simply providing safe transport. Companies need to ensure that their passengers, regardless of their ethnicity or color, feel respected and safe throughout the journey.
Do you think that airlines are truly fulfilling their role in protecting passengers in extreme situations like this?
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