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The 24th Private Law Chamber of the São Paulo Court of Justice upheld a decision that ordered an airline to pay compensation to two women who were verbally and physically assaulted by other passengers for refusing to give up their seats to a child while boarding a domestic flight. The compensation was set at R$10,000 for each plaintiff, totaling R$20,000 in moral damages, according to the ruling handed down by Judge Sergio Castresi de Souza Castro of the 4th Court of Cubatão.

According to the court records, after the conflict, the passengers were removed from the aircraft and transferred to another flight. Furthermore, a company employee allegedly made statements to the press blaming one of the women for the disturbance. The company appealed, alleging exclusive fault on the part of third parties and stating that the interview did not represent an official position.

According to Claudia Carneiro Calbucci Renaux, the reporting judge of the appeal, the company, through its employees, must ensure that customers are properly seated in their seats, ensuring order. "Transporting its passengers safely and physically is the defendant's duty, as a service provider. There can be no question of external fortuitous events, or exclusion from its liability. It is the responsibility of its employees to ensure that passengers sit in the seats previously purchased and maintain civility during boarding, flight, and disembarkation, precisely to avoid situations like this," the judge wrote in her vote. She added: "The liability of the passenger transport company is objective, that is, independent of fault, according to the Civil Code (art. 737) and the Consumer Protection Code (art. 20)."
For more information, see the case: Appeal No. 1002791-02.2024.8.26.0157.
Source: TJSP News.
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