That United flight wasn’t even “overbooked” — and that matters legally

Hotair ^ | 04/14/2017 | Cynthia Than

[SeekAndFind]

The fact that the flight was not overbooked may seem trivial, or pedantic, but there is very important legal distinction to be made. There may not be a difference in how an airline (typically) responds when it needs additional seats, such as asking for volunteers who wish to give up their seat for a voucher or cash. But there is a legal difference between bumping a passenger in the instance of overselling a flight versus bumping a passenger to give priority to another passenger. Any thoughtful person can see the problem that arises if an airline were allowed to legally remove one fare-paying passenger to allow for another passenger it prefers.

Since the flight was not actually overbooked, but instead only fully booked, with the exact number of passengers as seats available, United Airlines had no legal right to force any passengers to give up their seats to prioritize others. What United did was give preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a. Since Dr. Dao was already seated, it was clear that his seat had already been “reserved” and “confirmed” to accommodate him specifically.

A United Airlines spokesperson said that since Dr. Dao refused to give up his seat and leave the plane voluntarily, airline employees “had to” call upon airport security to force him to comply. However, since the flight was not overbooked, United Airlines had no legal right to give his seat to another passenger. In United Airline’s Contract of Service, they list the reasons that a passenger may be refused service, many of which are reasonable, such as “failure to pay” or lacking “proof of identity.” Nowhere in the terms of service does United Airlines claim to have unilateral authority to refuse service to anyone, for any reason (which would be illegal anyway).

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[CaptainK]

The jury decides who gets a settlement. Not your version of the law.

[Mr. K]

There is enough legal and video evidence to destroy “doctor” dao in court-

The only question is whether the CEO is as big a PU$$Y as he appeared to be on TV with his endless and painfully sad apology

[VideoDoctor]

Dr. Dao will get millions and you'll have some half a$$ed explanation WHY he won other than LEGALLY Dr. Dao was WRONGED by being physically assaulted.

It also turns out that the flight was NOT overbooked. United decided to bump passengers in order to move their own employees.

Don't quit your day job to become a lawyer.