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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums"United passenger lawyers up, will likely re-accommodate airline..."
Good article on United's liability and the different rules that apply once the passenger is in the plane.
http://abovethelaw.com/2017/04/united-passenger-lawyers-up-will-likely-re-accommodate-airline-in-court/
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"United passenger lawyers up, will likely re-accommodate airline..." (Original Post)
madaboutharry
Apr 2017
OP
Dao has all the points in his favor. United? Not so much. This should be interesting. n/t
CaliforniaPeggy
Apr 2017
#1
CaliforniaPeggy
(149,843 posts)1. Dao has all the points in his favor. United? Not so much. This should be interesting. n/t
Sculpin Beauregard
(1,046 posts)2. I also think everyone on the flight
should pursue a class-action for trauma from being forced to witness a fellow citizen being savaged and being helpless to intervene.
Wellstone ruled
(34,661 posts)3. Can not even imagine the
Civil Suites that are coming down the pike.
Renew Deal
(81,901 posts)4. "Corporate jackboots and Internet lawyers" need to read that article.
George Washington law professor John Banzhaf has a pretty neat argument about Uniteds 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. Uniteds defenders say that rule 25, Denied Boarding Compensation, allowed United to refuse to honor Daos ticket in an overbooking situation.
Which it does.
But Professor Banzhaf points out that Dao wasnt denied boarding. As George Carlin might say, he wasnt 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
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.
Which it does.
But Professor Banzhaf points out that Dao wasnt denied boarding. As George Carlin might say, he wasnt 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
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.