Posted on 04/18/2017 5:06:52 AM PDT by pabianice
“Ok, it is the right of United Airlines to decide who to kick off of a flight”
As for a boarded passenger, your statement only applies under conditions that meet United’s own terms of service, which the situation with the status of how many people were already boarded, the late arriving non-working extra crew members, and Dr Dao did not meet. The airline had only the means of exhausting all possible means of seeking volunteers to get the seats they wanted BECAUSE EVERYONE WAS ALREADY BOARDED. They could have involuntarily “bumped” people before the plane was boarded. It was not the passengers fault they did not do that.
Dao suffered a concussion, the loss of two teeth and a broken nose during the first/initial brute force deplanibg. (The goons slammed his face into the armrest.) They tased him point blank for good measure.
The goons left him bleeding and unconcious outside the open cabin door. Dao came to and did in fact reenter the plane. All accounts say he was staggering and disoriented. He made no calls to any attorney subsequent to being concussed; he just kept repeating, “I need to go home, I need to go home.’
I’m not an expert, but I’ve been told that until the cabin door is shut and secured, the ground crew is in charge. Someone else said the captain’s absolute control doesn’t kick in until the plane is airborne.
I’m just relaying what I’ve been told, fwiw.
The law and contract do provide, however, that at this point, Dao has variable rights or entitlements.
UAL gets him on another flight, not more than one hour delay, no compensation.
UAL gets him on another flight, up to two hour delay, he gets a cash award in addition to being transported. Cash award is 200% of ticket price, or $675, whichever is less.
UAL gets him on another flight, more than four hour delay, he is entitled to a cash award in addition to being transported, of 400% ticket value, or $1,350, whichever is less.
I'll concede that none of those is "recourse," but the contract does provide for compensation when being denied boarding (for something other than weather, etc.) results in a delay of over one hour. He is still "high and dry" in the sense of being stranded for the interval of the delay.
“They will not pay through the nose. Future airline travelers will pay through the nose.”
While it’s possible for United to have to pay some sum from Dr Dao’s law suit that will find it seeking to recover those costs in higher prices, it is doubtful, from a competition standpoint that they will be able to.
Instead, their financial statements will take the whole thing as a total loss, against earnings, in the year the amount is paid. It could lower profit a bit for that year. But cause it to generally raise their ticket prices? Not likely, as their competitors will really take advantage of that. Better a one time hit to the books and get it over with.
Meanwhile, all the airlines will re-examine their own rules and see this never happens to them. THAT also will not raise ticket prices, as this event is a very rare occurrence and therefor accounting for it is not going to incur great expense.
Any passenger on that plane had the power to stop that madness at any time by simply volunteering to exit the plane in place of the old guy. No, those passengers just sat snugly in their seats and watched the show; what was obviously a mentally distributed old man in a weird situation.
The owner of the plane can ask anyone to get off for any reason, as long as the plane is at the gate.
“Give United a small fine. Let the public exact its revenge in the form of poor sales.”
You solution is to deny, in law, that Dr Dao can sue United?
Sorry, I can’t agree with you.
I am all against “frivolous” lawsuits. I don’t put this one in that class.
Kindly point us to the document that states that specifically.
The ticket is a contract and gives you standing in a civil court. The Captain says get your butt off my plane, then you go. Deal with it like an adult and not psycho retard.
“After Dao dug his feet in, all United did was call the airport police. Anything that occurred after that point was out of its control, and was the responsibility of the police department. I agree.”
If you make a false claim against someone, and then call the police to help you enforce your claim, and you have done so in a situation that calls for quick action, then YOU can be held liable for the actions of the police. And while Dr Dao may sue the police as well as United, it is likely the police will counter sue United as well; having been called in to support an action United should not have been taking.
I am all against “frivolous” lawsuits. I don’t put this one in that class.
Passengers boo as flight attendant kicks woman off plane
Two examples, there are a lot more....
The pilot was never involved.
-PJ
“His name was chosen at random and he had been peacefully removed from the plane.”
It is not clear how “peacefully” the initial involuntary removal was.
He is on good grounds that he should never have been involuntarily removed in the first place, and I’m sure his lawyer will win that argument, and win the follow up - he had every right to reclaim his seat as the plane had not left yet and as far as I’m told his seat was still unoccupied.
You stated "The owner of the plane can ask anyone to get off for any reason, as long as the plane is at the gate.".
I'm asking you for proof that it's legal to do....not anecdotal stories that it occurs.
The pilot is always involved. He could have randomly ordered anyone off the plane, somebody other that that crazy senile old man. The pilot and sniveling passengers are the real douche wads in this scenario.
After being boarded, none of those “recourse” items was Dao required to involuntarily accept.
These are not due to "over booking".
Try again.
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