Passengers Win Legal Case Against GOL Airlines After Onboard Assault
The incident occurred on February 2, 2023, on flight G3-1659 from Salvador to Congonhas.
Two passengers have won a favorable court ruling after being physically and verbally assaulted while boarding a flight operated by GOL Linhas Aéreas.
According to the verdict issued on March 3, the altercation began when a woman improperly occupied a window seat reserved by the plaintiff, bringing a child with her. When the rightful passenger asked her to vacate the seat, the plaintiff was met with insults and physical aggression, as other family members joined in the attack against both victims.
The incident took place on February 2, 2023, aboard flight G3-1659 from Salvador to Congonhas, which resulted in the disembarkation of 15 passengers. The event was initially reported by AEROIN, a partner media outlet.
Passengers Seek Compensation
The plaintiffs demanded R$10,000 each in moral damages, emphasizing that a statement allegedly made by a GOL flight attendant, and later reported by a questionable news source, wrongly portrayed the plaintiff as being at fault for not giving up the seat. This, according to the plaintiffs, further damaged their reputation.
GOL, in its defense, argued that the altercation, although occurring aboard its aircraft, was a dispute between third parties and not the airline's responsibility. The company also claimed that the flight attendant’s statement was a personal opinion and did not represent its official stance.
Court Ruling
The court ruled that GOL failed to ensure passengers occupied their assigned seats, violating its duty to safeguard the physical and moral integrity of its passengers. Furthermore, the airline did not intervene promptly to prevent the situation from escalating.
The ruling emphasized that, even in cases involving third parties—such as the family members of the unauthorized passenger—the airline remains objectively responsible for the service provided, as established by the Consumer Defense Code.
At the time, AEROIN obtained access to the cited audio recording, which had circulated in WhatsApp groups but was never officially released to the press, making it impossible to verify its authenticity. The audio contained a flight attendant’s account, stating that they only became aware of the incident after the physical assault had already begun, as they were stationed farther away in the aircraft and not responsible for seat assignments.
The ruling concluded that GOL’s lack of action reinforced its obligation to prevent unauthorized seat occupation, which could lead to conflicts endangering passenger safety.
“The absurd statement made by the airline's flight attendant to the press only proves GOL's failure to effectively instruct passengers to remain in their assigned seats upon boarding. This would have most likely prevented the widespread altercation that ensued on the aircraft,” the court document stated.
“The flight crew was only required to remind passengers to take their designated seats to prevent the dispute from escalating. However, they did nothing, intervening only after the initial argument had turned into a full-scale brawl inside the plane, putting passengers’ safety at risk,” the judge added.
GOL Ordered to Pay Damages
As a result, the court ordered GOL to pay R$10,000 in moral damages to each passenger for failing to prevent the incident.
In addition to the airline’s liability, the ruling indicated that those directly responsible for the assault—including the child’s family members and other involved passengers—may also face civil and criminal charges for the harm caused.
The case, registered under No. 1002791-02.2024.8.26.0157, remains open for appeal.
AUTOR
Editor en Aviacionline. Especializado en Aviación Comercial / Aviación en Argentina. 45 años de periodista, y contando.
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