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United passenger launches legal action over forceful removal


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This is a very unfortunate situation for a lot of people and it will probably take some guidance from the courts to sort it all out.   

 

There are two organizations involved, one is the airline and the other is the police.   The airline needed to deboard one person and when selected and he refused, they contacted the police.   The police are not a court and did what they were requested to do, which is remove a passenger.   

 

The police can't easily assess the merits of a situation and they rely on the complainant to have made the request in good faith; the same as when they are called in for a domestic dispute.   With an airline, they have the added burden of running the possibility that someone is a security risk.    

 

So, first there needs to be regulations as to when law enforcement is called because once they are called, they will remove someone.   He didn't appear to be a disruptive passenger or a security risk until he was asked to leave the plane.   There is nothing to indicate he would have become disruptive during the flight, as is sometimes the case with passengers who are intoxicated.   

 

 

 

 

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The airline has confirmed it is "reaching out" to customers on United Flight 3411 and "offering compensation for their flights".

http://www.bbc.co.uk/news/world-us-canada-39586391

 

Bet there will be strings attached, United ownership of all video taken on board, confidentiality clause prohibiting passengers giving statements to the media or provide assistance to Dr Dao legal team.

Edited by Basil B
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Disgusting action. Hope the  victim  gets a reasonable  percentage  of  the  disgusting  millions  the  lawyers  extract!

But  over booking seats  should  not be  made  "more  difficult" !??? It should  be   made  illegal on the  basis of  scamming revenue  on  false pretex!. And for those  who  are offloaded  or  refused  boarding  even if  having  legitimately  spent  time and  money  to  book, plus  time and  money  to present themselves  for  boarding are offered  what?  A refund  for the   flight cost  or   full compensation  for  all effort  and outlay  made  possibly  several months  in advance?

Stitch  em  All up   Mr  Dao !

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4 hours ago, funandsuninbangkok said:

The guy is a convicted felon looking for a payout.  United will give him his $5000, learn from it and move on.  This guy will still be swimming in the I-sue-you swamp of retail America. 

 

Suppose it was a restaurant?  Owner tells a customer, sorry we need this table, you got to go. You got to go. Same same. 

 

The creap should try American Airlines. Believe it or not, much worst. 

 

 

 

Now follow it through.

 

Even if the guy was a convicted felon who had done his time, so what?

 

The fact is that he had paid for his seat, checked in, sat in his seat and was minding his own business.

 

United were the big bully and the local management screwed up completely. Nobody else, just United.

 

IMHO the local management should be fired, whoever writes the policy should be fired, the CEO should be fired too.

 

You, like several others on the forums are out to blame the victim rather than United who simply lost the plot.

 

I hope that Dr Dao is successful and that United lose financially in a big way for their ignorance and arrogance in this matter.

Edited by billd766
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5 hours ago, steve187 said:

i bet the flight was overbooked, not counting the last minute staff, flights are always overbooked if the demand is there. i have just been looking at some flights for a big airline and some flights are 10+ overbooked, they rely on no shows.

             

At the time of boarding, the flight was full and everyone has a boarding card and a seat. Before boarding there are reports that at least one person took compensation and a later flight allowing the plane to be boarded by the remaining passengers.

 

Only after they were all seated did four crew from an affiliated airline turn up and demand seats. At this point United lied out of their back teeth and told the seated passengers that the plane was overbooked and four seats were required for the air crew. They compounded this lie by stating  that the passengers had been selected at random by the computer, which they had not. One of the ground crew had gone through the list and made the decision.

 

United's CEO has stated in public that the plane was NOT OVERBOOKED and it was a mistake to remove Mr Dao. You do not need to speculate or make up stories about overbooking, Mr Oscar Munoz himself has accepted and stated that the flight was not overbooked.

 

Why do some people not read the reports and the facts as they emerge? Even so called experienced news reporters are still calling it "an overbooked" flight. Makes you wonder how well educated they are.I suppose it is all part of today's dumbing down of the masses that causes this.

Edited by Flustered
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15 hours ago, mesquite said:

Looks like United Airlines bullied the wrong guy.

This kind of comeuppance for the airlines is long overdue.  The whole overbooking racket needs to be housecleaned.  Airlines ought to have to bid up the incentive until they get their volunteer, every time, and NO passenger who has paid his fare should EVER have to give up his seat involuntarily due to overbooking.  It's legalized fraud and should be stopped.  And if a paid passenger isn't ticketed due to overbooking, he should have substantial cause and be eligible for personal and substantial punitive damages.  Perhaps even some criminal liability for airline executives who've been perpetuating this fraud on the traveling consumer.

 

Fares will go up?  So be it.  Paying passengers shouldn't be forced into a seat lottery.  

 

It's in the fine print?  What nonsense.  The passenger has no choice or practical ability to negotiate the terms of his "contract", and it's a matter of simple equity.

 

Hope this victim's action evolves into a class action, and airlines take a substantial hit.

 

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31 minutes ago, hawker9000 said:

This kind of comeuppance for the airlines is long overdue.  The whole overbooking racket needs to be housecleaned.  Airlines ought to have to bid up the incentive until they get their volunteer, every time, and NO passenger who has paid his fare should EVER have to give up his seat involuntarily due to overbooking.  It's legalized fraud and should be stopped.  And if a paid passenger isn't ticketed due to overbooking, he should have substantial cause and be eligible for personal and substantial punitive damages.  Perhaps even some criminal liability for airline executives who've been perpetuating this fraud on the traveling consumer.

 

Fares will go up?  So be it.  Paying passengers shouldn't be forced into a seat lottery.  

 

It's in the fine print?  What nonsense.  The passenger has no choice or practical ability to negotiate the terms of his "contract", and it's a matter of simple equity.

 

Hope this victim's action evolves into a class action, and airlines take a substantial hit.

 

I don't have a problem with airlines overbooking,  the issue to me is how to deal with it when actually faced with more passengers then seats. Involuntary removing or refusing to board should be done away with and airlines should forced to conduct an auction at the gate to select people that don't get on.

 

In this case, a short auction was held ending at a level some 2/3 of the legal minimum  compensation and then 4 people were selected. The gate agent obviously got lazy and just went the involuntary route (I sure hope the CVR tape with what the gate agent and crew told the captain is released). The disregard for the customer is well set in United's  (and other US carriers) corporate culture and though maybe not encouraged by upper management, it is certainly tolerated. 

 

The sad thing about this case, is its only some 400 miles from Chicago to Louisville,  can be driven in little over 4 hours. I believe the plane left about 3 hours late. Did it ever occur to somebody to offer a rental car (and maybe driver) to get someone off the plane?

TH

 

Edited by thaihome
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7 hours ago, Rhys said:

Let's  see forceful removal has been used only when the passenger does not comply. Nothing new, check  the other videos. The police are called thus it is the onus of the passenger to comply. Somebody looking to get rich, get rich here...  

 

The man brought it on himself.  Sad outcome of course. It is going to play out in the media and public opinion, character profiling of both the police and the impaired physician will of course cloud the issues...

 

The house  always wins...

What complete b______ks! 

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My God. How often do people need to be told. The plane was not overbooked. This has nothing to do with overbooking. It was a lie. The CEO of United has stated it was not true.

 

This was all about seating four affiliated aircrew who turned up at the last minute in seats that had been paid for, boarding cards issued and the passengers sitting in them.

 

United Airlines screwed up big time and the ground crew involved should all be sacked and the CEO resign. But then where would he get such a highly paid job after this?

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1 hour ago, Flustered said:

At the time of boarding, the flight was full and everyone has a boarding card and a seat. Before boarding there are reports that at least one person took compensation and a later flight allowing the plane to be boarded by the remaining passengers.

 

Only after they were all seated did four crew from an affiliated airline turn up and demand seats. At this point United lied out of their back teeth and told the seated passengers that the plane was overbooked and four seats were required for the air crew. They compounded this lie by stating  that the passengers had been selected at random by the computer, which they had not. One of the ground crew had gone through the list and made the decision.

 

United's CEO has stated in public that the plane was NOT OVERBOOKED and it was a mistake to remove Mr Dao. You do not need to speculate or make up stories about overbooking, Mr Oscar Munoz himself has accepted and stated that the flight was not overbooked.

 

Why do some people not read the reports and the facts as they emerge? Even so called experienced news reporters are still calling it "an overbooked" flight. Makes you wonder how well educated they are.I suppose it is all part of today's dumbing down of the masses that causes this.

Your statement is inaccurate. Be careful which reports you get your "facts" from. Yes, it is all part of today's dumbing down of the masses that causes this.

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18 hours ago, ezzra said:

 

There's a guy who was probably thinking to him self how he is going to get rich out of this while being dragged out of the plane, and it did happened in the best place

on earth to get compensations, the  litigious center of the world,

the  US of A.....

 

No, he paid for his seat and was dragged off the plane. The USA, only this can happen. 

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3 hours ago, neverere said:

Your statement is inaccurate. Be careful which reports you get your "facts" from. Yes, it is all part of today's dumbing down of the masses that causes this.

So which part is inaccurate?

 

You may like to revisit what the CEO of United stated..." When asked if the passenger, David Dao, was at fault for the actions that led to his removal from the plane as it sat on the runway Sunday at Chicago’s O’Hare International Airport, Munoz said, simply:    No, he cannot be. He was a paying passenger sitting in his seat on our aircraft. No one should be treated that way.”

 

You post an unverifiable story about being a Republic employee, a link to a Linkedin member who is still referring to the flight as being overbooked even though the CEO of United stated it was not and do not state which part of my post was inaccurate.

 

So, can we have the link to the Republic employee story and an explanation of what I "inaccurately" posted.

 

Finally, your revelation that this was not a United flight but a Republic flight. Someone should tell United, the worlds press and Dr Dao that it is Republic that are at fault and should be sued.

 

 

Edited by Flustered
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3 hours ago, neverere said:

And by the way, for true fact-seekers, it was a Republic Airlines flight. Their CEO is  Bryan Bedford.

I see where your confusion about the flight being a Republic one comes in ...Wikipedia.

 

The flight was United Express Flight 3411. Who the actual plane belonged to is irrelevant, it was a United Express flight.

 

The following reports clearly explains the situation including the possibility that United have no policy in place for removing passengers once seated apart from Federal; Aviation law.

 

http://www.thv11.com/ext/news/nation-now/united-airlines-ceo-doubles-down-says-employees-followed-procedures-flier-was-belligerent/91/nationnow/3kVMsNcI006uOg2QO2QWI4

 

http://www.indystar.com/story/news/nation/2017/04/11/united-ceo-employees-followed-procedures-flier-belligerent/100317166/?hootPostID=814355212367ae4798450eb50f34e120

 

https://www.forbes.com/sites/christinenegroni/2017/04/11/booted-passengers-past-irrelevant-in-united-air-fiasco/#5cfb03781cf4

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12 hours ago, Rhys said:

Let's  see forceful removal has been used only when the passenger does not comply. Nothing new, check  the other videos. The police are called thus it is the onus of the passenger to comply. Somebody looking to get rich, get rich here...  

 

The man brought it on himself.  Sad outcome of course. It is going to play out in the media and public opinion, character profiling of both the police and the impaired physician will of course cloud the issues...

 

The house  always wins...

Some people love a police state. Broken nose? Concussion? Busted front teeth? What needs to happen is that cop needs to be made an example of. Civil society is no place for war zone tactics. Too bad Joliet is closed but Stateville will do for a minimum 2 year stint. United and the City of Chicargo should pay $20m combined. The United CEO needs to go. Maybe he can go back to CSX since there is a new CEO there who loves goons working for him.

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23 hours ago, stevenl said:

It seems overbooking is much more prevalent in the USA than it is elsewhere. If correct, how come?

sent using Tapatalk
 

Because there is very little penalty for doing so, just forcibly bump a passenger. Don't even have to worry about planning ahead for your employees to get to their work airport; just wait to the last minute and forcibly bump enough people to make room for their poor work force planning. This bumping was because the work force planning waited too long to get their work plans in order. Work force scheduling was the real problem that caused the forcible bump problem.

 

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The constitution implies that 'all men are equal under the law'. Well in this case that is certainly not the case; forced bumps are not done to couples, children, people with physical problems, and other protected groups. All are not created equal when United goes thru their choosing process as to who is gonna lose their seat. The guy has a very good case, the entire law will end up being declared unconstitutional. 

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On 4/13/2017 at 7:02 AM, stevenl said:

It seems overbooking is much more prevalent in the USA than it is elsewhere. If correct, how come?

sent using Tapatalk
 

A bit of greed perhaps, but mostly because many other countries air carriers are subsidized by the government. The USA deregulated the airline industry decades ago...so no government funding.

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Actually I suspect that the City of Chicago will end up paying the majority of the claim. Though certainly United created the situation,  it was a city employee that actually did the illegal act by using excessive force against a passively resisting person.

 

United's main issue is a PR problem with over booking and removing or denying boarding of paying customers. That will die out quickly as people will continue to buy tickets based on price and schedule.  We are way past expecting any kind of service from a US carrier and using that criteria in purchasing tickets.

 

 Chicago obviously could care less about PR for their police, but they will pay for this one big time. 

TH 

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"United Airlines is Innocent"

 

http://www.msn.com/en-us/news/opinion/united-airlines-is-innocent/ar-BBzJ8Te

 

Social media outrage is uniformly against the carrier, which was just trying to enforce its's routine policies. where the real anger should be against the Police, or so-called Chicago Aviation who caused the violence due to poor handling of the situation.

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13 hours ago, Flustered said:

My God. How often do people need to be told. The plane was not overbooked. This has nothing to do with overbooking. It was a lie. The CEO of United has stated it was not true.

 

This was all about seating four affiliated aircrew who turned up at the last minute in seats that had been paid for, boarding cards issued and the passengers sitting in them.

 

United Airlines screwed up big time and the ground crew involved should all be sacked and the CEO resign. But then where would he get such a highly paid job after this?

 

Who cares where he could get another highly paid job as long as it isn't on an airline that I would want to fly on.

 

IMO he is now getting to be an untouchable and few if any western airlines would employ him, especially as the CEO.

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A bit of greed perhaps, but mostly because many other countries air carriers are subsidized by the government. The USA deregulated the airline industry decades ago...so no government funding.

Thanks but nonsense imo. This is a domestic problem, and only in the USA, not in other countries with deregulated airlines.

sent using Tapatalk

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