United passenger dragged from plane has concussion, broken nose -lawyer

[Rob13]

4 minutes ago, newnative said:

United also had no legal right to remove him from the plane, either with police or its own personnel,

 

Not defending UA, but I think private property laws would give UA the right to ask him to leave their plane. By not leaving he was trespassing. 

[rockingrobin]

7 minutes ago, Rob13 said:

 

Not defending UA, but I think private property laws would give UA the right to ask him to leave their plane. By not leaving he was trespassing. 

The object of the C of C was to be on the aircraft for the purpose of transportation

[Rob13]

1 minute ago, rockingrobin said:

The object of the C of C was to be on the aircraft for the purpose of transportation

 

That'd be breach of contract. Store managers call the cops on argumentative customers routinely and have them removed for trespassing. Even when the customer has a legal complaint against the store manger, he's still guilty of trespassing once he's asked to leave. IMO, same would apply here.  Definitely one for the lawyers to work out. 

[rockingrobin]

7 minutes ago, Rob13 said:

 

That'd be breach of contract. Store managers call the cops on argumentative customers routinely and have them removed for trespassing. Even when the customer has a legal complaint against the store manger, he's still guilty of trespassing once he's asked to leave. IMO, same would apply here.  Definitely one for the lawyers to work out. 

There is no contract between store and customer

[Credo]

7 minutes ago, Rob13 said:

 

That'd be breach of contract. Store managers call the cops on argumentative customers routinely and have them removed for trespassing. Even when the customer has a legal complaint against the store manger, he's still guilty of trespassing once he's asked to leave. IMO, same would apply here.  Definitely one for the lawyers to work out. 

A store would be different.   You can't really walk on a plane legally without authorization.   

[kkerry]

1 hour ago, thaihome said:

I'm not sure if would have gotten up and left. After traveling all day from LA, just wanting to get home, already sitting on the airplane,  and then being told it would be a 24 hour delay to get another flight, I may have just refused to get up out of my seat just to see what they would do to make me. I can imagine making it just has inconvenient for them  as I could in retaliation for trying to take away my seat. I'm just sitting here,  not violating any regulation or law, as Dr Dao said,  "go ahead and take me to jail, I'm not getting up".

 

 

TH

 

Same here. What hasn't been reported much is how Dr. Dao originally agreed to get off. He then changed his mind after they told him the next flight they could book him on would be almost twenty-four hours later. This despite there being up to five earlier flights. Elsewhere people are saying the earlier flights were code share, so United would have lost more revenue than if it was a United or even a Republic Airways plane. Seems like United didn't want to pay a premium at the time but they surely will now.

 

http://time.com/money/4739880/united-airlines-fiasco-overbooked-passenger-dragged-stock-price-value/

 

Now, I'm a happy JetStar customer, but you only have to read about their customer complaints to know that once you're off the plane your ability to negotiate compensation falls off a cliff. I've only been bumped off a plane once. Must have been twenty-five years ago at Heathrow with British Airways. I volunteered when asked and the BA staff were great. I got free lounge access, meal vouchers, a nice hotel, an onboard duty free voucher and £250 in travel vouchers. I wasn't in a hurry to go where I was going, no connecting flights or a need to be at work, so more than happy to stay another day in London, easy money. If on the other hand I had business or urgent family matters to attend to, even £1000 wouldn't have changed my mind but I'm sure it would have made sense for someone else to accept once the price was right.

 

Bottom line on everything that happened is this. United screwed up their staffing and everything that happened can be traced back to this fact alone. Doesn't matter if it was over zealous policing by who ever yanked the doctor out of his seat (and why has that person not yet been arrested for assault and battery rather than put on leave) it was United who started this whole sorry chain of events. They have already been bruised on the stock market and will end up paying for their ineptitude along with at least one of the security staff. They will also be spending a bundle on staff training and procedural updates.

 

 

[newnative]

54 minutes ago, Rob13 said:

 

Not defending UA, but I think private property laws would give UA the right to ask him to leave their plane. By not leaving he was trespassing. 

I don't think that would apply.  By selling the passenger a ticket and boarding him, United invited him on to its property--the plane--so the passenger isn't trespassing.  Had the passenger been bumped prior to boarding but ran on to the plane anyway, yes, that could be considered trespassing. Remember, United might own the seat but the passenger, by purchasing a ticket, has rented it for the duration of the flight and, as such, has legal rights to that seat as long as he does not break any airline rules.  United broke the rules by ejecting him without legal cause--before his ejection he had not broken any of their rules so legally could not be ejected.  Once he was aboard and seated, United gave up its right to involuntarily bump him--that needs to be done prior to boarding according to United's carriage rules. 

[rockingrobin]

http://www.businessinsider.com/united-airlines-pilots-letter-2017-4

[newnative]

1 hour ago, Rob13 said:

 

That'd be breach of contract. Store managers call the cops on argumentative customers routinely and have them removed for trespassing. Even when the customer has a legal complaint against the store manger, he's still guilty of trespassing once he's asked to leave. IMO, same would apply here.  Definitely one for the lawyers to work out. 

Doesn't really apply.  Store customer has not rented part of the store.  In our case, the airline passenger has legally rented, through his ticket purchase, part of the plane, an airline seat, for the duration of the flight.  As such, he has legal rights that need to be respected and enforced.  

[Srikcir]

United initially justified the passenger's bump and removal on the grounds that the flight was oversold and overbooked. But neither proved to be the case. The flight was sold out and all booked customers boarded the flight as per their seat assignments. Thereafter, before the gateway closed four United employees (pilots?) requested boarding in order to meet their next scheduled flights. Without volunteers United should have found alternatives for the employees, even if it meant putting them on another airlines.

[Flustered]

On 14/04/2017 at 6:46 AM, neverere said:

Indeed. The truth is out there, but it has been largely ignored by the media, as it's lack of sensationalism doesn't make for the outrage and attention this story has managed to create. 

You make wild statements without backing them up, post unverifiable links and accuse people of making inaccurate posts without stating which parts you think are inaccurate and then disappear onto another thread without answering the questions.

 

Lets have some verified information from you if you want to be taken seriously.

[Flustered]

7 hours ago, rockingrobin said:

http://www.businessinsider.com/united-airlines-pilots-letter-2017-4

Excellent link but I see that United pilots are trying to pass the buck over to Republic but as the flight was a United Express flight the fact that it was operated and staffed by Republic employees makes no difference. The name on the flight is United Express and that's what matters.