Southwest Knowingly Flew Unsafe Planes With Untrained Pilots, Lawsuit Claims, Could Result In Compensation For 270 Million Passengers

Southwest Airlines Co. LUV consumers have filed a lawsuit claiming that the airline has violated federal air safety standards by failing to train pilots and using unsafe jetliners adequately.

What Happened: Southwest Airlines exclusively operates variations of the Boeing 737, making it one of Boeing Co. BA biggest customers. However, the Boeing 737 has been exposed to multiple critical safety and design defects in recent years. 

Boeing 737 Max jets were grounded for almost two years after a 2018 Lion Air Flight killed 189 people and a 2019 Ethiopian Airlines Flight killed 157 people. The 737 Max was only cleared for flight by the Federal Aviation Administration in late 2020. 

This lawsuit alleges that the 2018 and 2019 crashes were caused by the new Boeing 737 Max's Maneuvering Characteristics Augmentation System (MCAS). Investigators found that the MCAS had malfunctioned, causing the planes to take nosedives. The lawsuit claims that Southwest did properly train pilots to operate the MCAS in case of an emergency. 

Allegedly, Southwest deliberately hid the MCAS system to avoid "transition costs for the new aircraft, such as having to train pilots in simulators, preparing them for failure modes unique to the 737 Max, and negotiating a collective bargaining agreement with SWAPA [the Southwest Airlines Pilots Association]."

The case alleges that Southwest promises that "all of our pilots, flight attendants, and mechanics are trained and familiar with every airplane in our fleet." Yet, their actions with the MCAS violated that agreement.

Why It's Important: According to the lawsuit, Southwest used the claims that they operated their aircraft safely to inflate prices for consumers. The customers are seeking compensation for overcharged flight prices.

A specific amount has not yet been determined, but the group eligible for compensation includes all Southwest customers between August 29th, 2017, and March 13th, 2019. This class could consist of up to 270 million passengers.

Additionally, if the case is ruled against Southwest, they likely must retrain all 10,000 of their pilots in operating the new MCAS system. The case may even require Southwest to modify their jetliners and install additional sensors to their MCAS sensors.

A 2019 survey found that only 53% of consumers would feel comfortable flying in a Boeing 737 Max, and the issues with the plane brought to light by the case will likely not help that number.