Airline attorney says child was to blame for being recorded in lavatory

An attorney for American Airlines said a 9-year-old girl should have known a hidden camera was recording her.

Now, the airline is apologizing.

Estes Thompson III was the flight attendant who placed a camera in the lavatory, federal agents said.

Former flight attendant pleads not guilty to recording girls in lavatories

An attorney for AA wrote in a filing on Tuesday, “Any injuries or illnesses alleged to have been sustained by plaintiff, Mary Doe, were proximately caused by plaintiff’s own fault and negligence, were proximately caused by plaintiff’s use of the compromised lavatory, which she knew or should have known contained a visible and illuminated recording device.”

A spokesperson with American Airlines told Channel 9 that outside counsel retained by its insurance company made an error in the filing.

The defense is not a representative of the airline, and it does not believe the child is at fault, the spokesperson said.

VIDEO: 2nd lawsuit alleges American Airlines flight attendant recorded girl in lavatory