Fly the Friendly Skies, or else.
United will settle quickly, and the Doc may now retire.
You actually visit that site? Read it or just visit?
America’s medical industry is now much better off!
Something tells me the booking procedures will not look the same in a few years. These attorneys won’t care about the industry and it’s problems keeping schedules met. They will damage the profit margins and screw with an already stressed system.
Look, nobody wants to be bumped, but it’s the chance you take. Everyone is exposed to it. The airlines do compensate.
If you get bumped, take it like a man. Plan for that happening once in a while.
The doctor should pay united for causing such a mess.
ping
My guess this will be the quickest settlement in history.
Above the Law: United Passenger Lawyers Up, Will Likely ‘Re-Accommodate’ Airline In Court
I like this part:
George Washington law professor John Banzhaf has a pretty neat argument about United’s liability. Defenders of corporate jackboots and internet lawyers everywhere have been quick to refer to the Contract of Carriage. Technically, you agree to this every time you buy an airline ticket. United’s defenders say that rule 25, “Denied Boarding Compensation,” allowed United to refuse to honor Dao’s ticket in an overbooking situation.Which it does.
But Professor Banzhaf points out that Dao wasn’t “denied boarding.” As George Carlin might say, he wasn’t on the plane, he was “in” the plane. At that point, rule 21, “Refusal of Transport,” should apply to Dao, not rule 25. Banzhaf writes:
Rule 21, entitled “Refusal of Transport,” is very different because it clearly and expressly covers situations in which a passenger who has already boarded the plane can be removed…Intriguing! It makes sense for there to be two very different rules for denying “boarding” and for kicking a person off a plane. For instance, you can deny somebody boarding without beating him up and dragging him through the airport. But it’s actually pretty hard to get somebody out of their seat who doesn’t want to go.The rule, which unlike the denied boarding rule does provide for removal “from the aircraft at any point,” lists some two dozen justifications including: unruly behavior, intoxication, inability to fit into one seat, medical problems or concerns, etc. But nowhere in the list of some two dozen reasons is there anything about over booking, the need to free up seats, the need for seats to accommodate crew members to be used on a different flight etc.
Point is, they didn’t know this guy’s legal or illegal history when they decided to jerk him off the flight, plus all rearrangements of flights should have gone one before people were boarded and in their seats.
I would like to hear from the Captain of the flight.
he will lose if he sues United
the malefactors were cops
The alleged doctor was in violation of FCC regulations and was declared and advised he was belligerent and could not continue to fly
the passenger was at fault
A long explanation of the FCC regulations and United’s compliance was detailed on Rush. I hope I correctly conveyed his very rational message
Jackie Chiles?
This guy has hired a lawyer that will have United falling all over itself to settle.
“Dao, who has retained lawyer Thomas Demetrio.....”
Daaaooo... Daaaaoooo... daylight come and me wonna go home!
(everybody!)
The airline acted stupidly.
But this guy acted even more stupidly. Especially for a doctor. He looked like he was insane.
He should be glad I am not on his jury.
And no one on the plan lifted a finger to help this guy. Isn’t the USA in 2017 a warm and wonderful place?
It is very simple and the above article and public high dudgeon against UAL are all ridiculous.
The airline has the right, for any nondiscriminatory purpose, to remove any pax from an a/c at any time the door is open. You may not like it, and there are rules for compensation, but that is the law, the filed tariffs and the Contract of Carriage.
The passenger refused the flight attendant’s repeated requests then legal demands over a 12-minute period that he leave the aircraft. He was then in violation of 49 U.S. Code § 46504.
United then called law enforcement to remove him, as required by law. Chicago LEO’s asked/told him on multiple occasions that he had to leave a/c. That’s when he began his false cries that he had to be in surgery the next morning.
They then ordered him to leave one more time. LEOs then told him he was under arrest for repeated vio of 49 U.S. Code § 46504 and Illinois law (Failure to Obey...) and he would have to leave with them.
He refused to comply and passively then violently resisted that lawful arrest. LEOs then had to extract him from his seat and he fought them.
This is all confirmed in a new video that has now surfaced of the Dr. taken minutes before the previously released one.
Dao, who is seated next to the window, says to the officers standing in the aisle, “I won’t go. I’m a physician I have to work tomorrow, eight o’clock.” That has been proven to be a lie, as he no longer has surgical privileges, They were taken away by the state for his being a drug pusher to kids, and only very limited internal medicine privileges recently restored. , Even if he did have surgery, it is immaterial.
Dao who is on his cellphone, appears to say something about making a “lawsuit against United Airlines” but does not raise his voice until the officers continue to tell him he has to leave. “I am not going,” he repeats, while shaking his head.
The officer then suggests that he may have to “drag” Dao off. “Well, you can then drag me. I don’t go, I’m not going,” the doctor says again. “I’m staying right here.” “I’m just telling you, it’s going to be a lot harder for you,” Dao replies, “Yes, I know that, I’d rather go to jail.”
Cops simple defense, (besides Sovereign Immunity) “We told him what was going to happen, and he wanted it to happen so he could sue United Airlines. He chose what happened.”
Then the other video started.
The entire violence was caused by an arrested man actively resisting that arrest and removal from the a/c. Did Chicago LEO’s overreact? Possibly, but the blame is not UAL’s. It started when the pax refused multiple lawful orders, resisted arrest, and what happened subsequently was his fault.
There was no breach of contract. If there was one, he was the violator in failing to follow the lawful order of a flight crew member. There was a violation of Federal law, and if he pushes it, the airline’s lawyers will be pushing the FAA to impose a statutory $25,000 civil fine for interference with a flight crew member.... and possibly some jail time.... and he would have to pony up lawyers fees and ant fine before any possible damages from the airline would be received.... and airlines are VERY well represented. In addition, the necessity for his forced removal after his violation of the law would only increase the severity of HIS act, not lessen it, as would his reported reentry to the a/c.
Also, I wonder how many drinks are on his Amex (discoverable) charged just before the flight... and I’ll bet the flight crew and LEOs might just testify he smelled of alcohol.
A parallel example. Let’s say are stopped for 40 in a 30.
When running your license, the LEO gets a hit saying you have an open warrant from Spokane, Washington. He announces he is going to arrest you and take you to jail for that.
His information is wrong, and you know it, because you have never been within 500 miles of the State of Washington.
Regardless, you must submit to the arrest or face the physical and legal consequences for not doing do.
You later have good grounds for a civil suit, but that is for arguing later, not on the street, on in airline seat. If you resist, you can be charged and so serious time, regardless of the incorrectness of the “Spokane” charge.
This drug-pushing-on-kids doctor set himself up for what he got, because he wanted to sue United, and if Dao is ever foolish to take it to trial, that’s going to be the jury’s verdict.
That will be very expensive if CEO lost.
So they didn’t just beat and bloody any passenger, they beat and bloodied a 69 year old senior citizen ? This just gets worse and worse for United and their bully boys. What will they do next, play pinata with a paraplegic ?