Posted on 04/18/2017 5:06:52 AM PDT by pabianice
Fault is everywhere, responsibility is isolated. The law says the captain has the last say, and the total responsibility, even over the police. United is being punished for their repeated past behavior, not for this instance.
Your airline ticket is a revocable contract. That’s well established. Of course there are good ways to revoke a contract and bad ways. In this case the timing was bad (who really wants to take the delay deal with their bags already on the plane and basically guaranteed to get lost), the reasoning was spurious, and the execution was terrible. But they can kick you off the plane if they want, it’s their plane.
According to their own contract, the passenger only could have been denied boarding the plane.
http://www.dorfonlaw.org/2017/04/united-airlines-own-contract-denied-it.html
The contracts states they may be removed for a list of specific reasons such as disorderly conduct. Nowhere is it ever even implied they may be removed for ANY reason.
“The owner of the plane can ask anyone to get off for any reason, as long as the plane is at the gate.”
It has to have reasons that meet the law and its own terms of service. It cannot be merely at the whim of the airline, any airline staff, or the captain of the plane. That does not mean they would be unsuccessful at removing you, beyond the law and their own terms of service, but if they do they CAN be held liable for WRONGLY removing you.
FULL TITLE: Angry United Airlines pilots’ union issue statement denying ALL responsibility for forcible removal of doctor last week and say Chicago cops are to blame
http://www.freerepublic.com/focus/f-chat/3544107/posts
Even before being boarded, a person who loses the agreed scheduled transportation has the right to reject the rules-based compensation, and sue.
I was simply adding a bit of information to the claim of "no recourse" (some people may view the right to cash as a form of recourse), and "high and dry."
Read it for yourself.
But in this case, the passenger was already onboard and the airline wanted to take him back off, presumably in order to put another passenger in his seat. Does United have the right to do that? Yes, because Rule 25(A)2(b) of United’s Contract of Carriage gives its boarding priority rules:
The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment.
It doesn't say you get to act like a petulant child.
1. I don’t see Dr Dao as a “psycho retard”, regardless of his prior legal history (irrelevant). 2. He was under no obligation, legal or moral, to accept his involuntary removal. 3. The captain was never involved in any part of the event. The pilots union, speaking for him, has said so.
The pilot has complete authority to remove anyone at any time for any reason - period. There is no excuse to defy that order.
Only if the plane is on the ground! LOL
Great summary!
Dao may be a horrible person.
But what United did to him was wrong, wrong, wrong.
Seeing how he acted would you see him professionally for any medical reason? I wouldn’t.
The pilot wasn’t involved; see post 85.
Rule 25(A)2(b) of United’s Contract of Carriage.
That rule does not apply. Dr Dao was already boarded, as were all the passengers. That rule could have applied if Dr Dao was still at the gate and not yet boarded. It does not apply, backwards, after the fact of being boarded already.
“Seeing how he acted would you see him professionally for any medical reason? I wouldn’t.”
Irrelevant. There may be any number of reasons I would not chose any number of doctors to see or treat me. That does not mean I’d call each of them a “crazed psycho” - particularly knowing as we do the context of Dr Dao’s “angry moment”. Sometimes, at its personal for every person, an “angry moment” can be quite justified, and it does not make everyone a “crazed psycho”.
As long as the pilot is on the plane he is involved with everything.
“After all, United approached this overbooked flight in the same way that airlines across the country do every day.”
Stopped reading after the above. Given that many lies in a single sentence, I figured the rest of the article would be a complete waste of time.
The pilot was not involved and the pilot is also subject to acting within the law and the carriers terms of service, not a personal whim.
We'll see I guess. If there is a riot in the cabin he is involved.
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