Hemet, CA asked in Consumer Law, Personal Injury, Civil Rights and Environmental for California

Q: Can I sue southwest for not having COVID protocols and I catch the virus during one of their flight?

I recently took a flight on Southwest and ended up catching covid. They have mask policy’s which everyone followed but in the past, the middle seat in the aircraft was always empty. I couldn’t imagine the crew doing a sterilization job in the time they pulled in and we boarded. After getting the virus I haven’t been able to work and I also passed it on to my father which might jeopardize him selling his home.

1 Lawyer Answer
Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: In a lawsuit I think you will need to prove 1. that you contradicted your illness on that flight and 2. That you got it from the person sitting next to you and 3. That the airline failed to follow rules established by the government. Other issues are likely to be the vaccination status of you and your father. Also were you aware of your covid status when you visited your father? If so maybe he has a case to bring against you.

Frankly the facts as told by you do not impress me as being a good basis to sue.

But that is just my opinion and I recommend you and your father consult other lawyers immediately who are experienced in the field of aviation law. I am not an aviation lawyer and I do not handle injury cases.

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