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Why United Was Legally Wrong to Deplane David Dao
newsweek ^ | 4/13/2017 | jens david ohlin

Posted on 04/13/2017 11:44:28 PM PDT by SteveH

Like all airlines, United has a very specific (and lengthy!) contract for carriage outlining the contractual relationship between the airline and the passenger. It includes a familiar set of provisions for when a passenger may be denied boarding (Rule 25: “Denied Boarding Compensation”).

When a flight is oversold, UA can deny boarding to some passengers, who then receive compensation under specific guidelines. However, Dao was not denied boarding. He was granted boarding and then involuntarily removed from the airplane. What does the contract say about that?

It turns out that the contract has a specific rule regarding “Refusal of Transport” (Rule 21), which lays out the conditions under which a passenger can be removed and refused transport on the aircraft. This includes situations where passengers act in a “disorderly, offensive, abusive, or violent” manner, refuse to comply with the smoking policy, are barefoot or “not properly clothed,” as well as many other situations.

There is absolutely no provision for deplaning a seated passenger because the flight is oversold.

(Excerpt) Read more at newsweek.com ...


TOPICS: Business/Economy; Government; News/Current Events; US: Illinois
KEYWORDS: dao; daviddao; ual; united; unitedairlines
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To: SteveH

161 posted on 04/14/2017 8:37:42 AM PDT by freedomlover
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To: Fantasywriter
So even with disciplinary issues in his past, Dao could have blown his patients/rounds off without repercussions?

First of all...define "repercussions".There are repercussions that fall far short of "livelihood".

Options open to him:

Ask a colleague to cover for him (the most logical option,one that almost always works)

Call the hospital's Administrator On Call and explain the situation.

There are other options as well,the two mentioned being the most logical.

Trust me...it's not unheard of for a physician/surgeon to suddenly become ill on a work day...or to have a car accident on the way to work.

And I don't have an ax to grind...when I see psychotic behavior I recognize it as such.And when I see a physician/surgeon with questionable medical ethics I take note.Both of those things apply here.

162 posted on 04/14/2017 8:38:23 AM PDT by Gay State Conservative (Deplorables' Lives Matter)
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To: LibertyOh

How the hell does UAL not know how many crew members have to be transported from point A to point B at least 1 hour BEFORE take off? Do planes without crew just appear out of nowhere?


163 posted on 04/14/2017 8:39:47 AM PDT by Chgogal (I will NOT submit, therefore, Jihadists hate me.)
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To: Wissa
I would think that the airlines would have more control over who could get onto a plane.

You'd think so, but here at my local airport there are probably 2-3 incidents reported on the news every year (and maybe others that aren't reported) involving a bunch of passengers on a flight preparing to leave the gate who are forced to vacate the aircraft and go through the screening process all over again because some moron ran past a security checkpoint or a boarding desk at a gate.

164 posted on 04/14/2017 8:40:00 AM PDT by Alberta's Child
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To: Wissa

Dao had a boarding pass. He was authorized.


165 posted on 04/14/2017 8:40:12 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Fantasywriter

Private Property. The owner has a right to kick anyone off their property at any time.


166 posted on 04/14/2017 8:40:15 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Gay State Conservative

My prior answer still applies.


167 posted on 04/14/2017 8:41:32 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Fantasywriter
How was it unlawful since Dao still had his boarding pass?

See Posts #149 & #153.

You do know what a boarding pass is, right?

Take a second to peek at my profile and then ask me again.

168 posted on 04/14/2017 8:42:27 AM PDT by Gay State Conservative (Deplorables' Lives Matter)
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To: Chgogal

The simplest explanation is that there are two different airlines involved here. UAL contracts many of its regional flights to another carrier. The flight was operated by one airline and the crew members were from the other one.


169 posted on 04/14/2017 8:44:12 AM PDT by Alberta's Child
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To: pierrem15
United will claim refusal to deplane was disorderly, giving the legal right to deplane him.

"Your honor, after I punched this man 5 times in the face he finally punched me back. Since he punched me back, I therefore had the right to punch him five times in the first place."

I don't think that sort of logic would really hold up in court.

170 posted on 04/14/2017 8:44:26 AM PDT by Cementjungle
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To: central_va

United made a contract with customers defined in their Terms of Service. According to United, once a passenger is boarded and seated, only disruptive behavior gets them booted. If that bothers you, you can always advise United to alter their ToS.


171 posted on 04/14/2017 8:44:37 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Chgogal

If crew calls in sick they fly replacements around. It is called dead heading.


172 posted on 04/14/2017 8:45:01 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Presbyterian Reporter

There are now only four major airlines left in America. This is what happens when choice declines, so does customer service. The regulatory burden for staring a new carrier makes it a bad investment now,as well.

So, UA makes you mad, and you won’t fly them anymore?
You just eliminated 25% of your choices. And the others know this.


173 posted on 04/14/2017 8:46:10 AM PDT by tcrlaf (They told me it could never happen in America. And then it did....)
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To: Gay State Conservative
And I don't have an ax to grind...when I see psychotic behavior I recognize it as such.

What psychotic behavior did you observe in this case?

174 posted on 04/14/2017 8:46:11 AM PDT by Ken H (Best election ever!)
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To: Fantasywriter
My prior answer still applies.

OK,fair enough.But rest assured...I don't know much about much but I *do* know something about the world of medicine.

A small hint: Harvard Medical School

175 posted on 04/14/2017 8:47:07 AM PDT by Gay State Conservative (Deplorables' Lives Matter)
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To: Gay State Conservative

I’ve read the opinions expressed in the posts you cited. Does not change one iota the fact that Dao had a valid boarding pass.

Whatever made you think I looked at your profile? Uninterested, tyvm.


176 posted on 04/14/2017 8:47:20 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Alberta's Child

They had no legal right to remove him. Their own contract does not provide for forcibly removing someone merely because they over booked. If they overbook, they can deny boarding to someone. After people are boarded, they cannot legally force anyone to deplane merely to resolve their over booking condition. He did nothing wrong. THEY involved Chicago police in error, claiming a legal right to obtain their assistance, which they legally did not have. They acted under false conditions, resulting in a legally false forced removal of someone who did nothing that granted United that right.


177 posted on 04/14/2017 8:47:25 AM PDT by Wuli
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To: Fantasywriter

UA can kick anyone off at anytime. It is their plane. If anyone has a problem with that they can see remuneration at a later time. You don’t act like a screaming petulant child like this jerk did. You act like an adult and get off the plane.


178 posted on 04/14/2017 8:48:08 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Gay State Conservative
One of the first posts on this story I saw on FreeRepublic a few days ago may have had the most accurate take on the whole thing. The poster suggested that the biggest factor here was a cultural one, and described how this kind of thing happens all the time in many Asian countries. Heck -- how many times do you see these ludicrous news stories of Chinese or Taiwanese or Korean government officials getting involved in a brawl right in the middle of their parliament proceedings? LOL.

At the risk of sounding racially/culturally insensitive I'll point out my own well-traveled observations of Asians in public places:

1. They are the most passive-aggressive people I've ever seen -- either by genetics or by cultural conditioning.

2. They are less capable of dealing with out-of-the-ordinary situations than almost any other racial/ethnic group you'll find in a western country. This is probably the basis of the running joke that they are the worst drivers on the road.

179 posted on 04/14/2017 8:50:06 AM PDT by Alberta's Child
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To: Wuli
If that's the case then the passenger can seek legal recourse after the fact. That's the way normal people would address a situation like this.

If the pilot of the aircraft told everyone to get off the plane because he was having a bad day, would the passengers have the right to commandeer the aircraft and fly it to Louisville themselves?

180 posted on 04/14/2017 8:52:01 AM PDT by Alberta's Child
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