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The rapporteur highlighted that the death could easily have been avoided if the company paid due attention to the situation of the perpetrators.

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Thursday, June 13, 2024

 

Updated at 09:57

 

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The TJ/SP decided to increase compensation for moral damages for a couple who lost their pet during air transport. The decision was taken by the 18th Chamber of Private Law in a judgment that saw the majority of votes in favor of increasing the compensation, with only two judges taking a position against it.

 

The plaintiffs traveled from Aracaju to São Paulo accompanied by their dog, which was transported in the aircraft's luggage compartment in an acrylic box. On the return flight, Lata informed that the animal could not be transported on the same aircraft and would have to be sent as "live cargo" in a smaller wooden box.

 

The animal remained locked up for more than four hours before the flight, which lasted around 2h30, resulting in its death upon reaching its destination.

 

In the first instance, the airline was ordered to pay R$5,000 for moral damages for each author, totaling R$10,000, in addition to R$2,097.36 for material damages.

 

Dissatisfied with the decision, the authors appealed to the TJ/SP, arguing that the amount of compensation for moral damages was insufficient to compensate for the suffering caused by the loss of their pet.

 

 

Lata was convicted of killing a dog in flight. (Image: Marlon Costa/AGIF/)

In analyzing the appeal, the 18th Chamber of Law recognized the failure in the provision of services by Lata, which resulted in the death of the animal. The Court highlighted that the company's responsibility was indisputable, as it did not fulfill its contractual obligation to transport the animal in appropriate conditions.

 

According to the rapporteur, the mishaps experienced by consumers went beyond everyday unpleasantness, resulting not only in the frustration of their legitimate expectations when contracting transport with the defendant, but in psychological pain of immeasurable proportions.

 

"Undeniable, therefore, are the deleterious and prolonged feelings endured by the authors (sadness, impotence, neglect, revolt) due to the loss of the animal, notably in such a tragic way (suffocating while trying to escape the tight box in which it was placed) , a shock that deserves fair compensation and compatible with the gravity of the conduct, the extent of the damage and the effects of the fact, both immediate and over time."

 

The judge highlighted that the death could easily have been avoided if the company paid due attention to the authors' situation, allowing them to return with the dog in the same way they brought him to São Paulo on another flight managed by the same company.

 

"Furthermore, it cannot be ignored that the events occurred on the author's birthday and when the co-author was pregnant, which certainly intensified the psychological damage and that the information the authors received upon arrival in Recife was inconsistent and evasive, being It is certain that, after becoming aware of what had actually happened, they were still prevented from following the opening of the box and the necropsy examination carried out on the animal's body."

 

Therefore, the Court decided to increase the compensation for moral damages to R$15 thousand for each author, totaling R$30 thousand.

 

Process: 1022718-96.2022.8.26.0003

 link: https://www.migalhas.com.br/quentes/409265/latam-e-condenada-em-r-30-mil-por-morte-de-cachorro-em-voo