Author Topic: Man forcibly removed from overbooked United flight  (Read 49958 times)

Offline Oceanblue

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Re: Man forcibly removed from overbooked United flight
« Reply #120 on: April 13, 2017, 07:50:20 PM »
Gotta love the police report:
"At approximately 6:00 p.m., A 69-year-old male Asian airline passenger became irate after he was asked to disembark from a flight that was oversold. The passenger in question began yelling to voice his displeasure at which point Aviation Police were summoned. Aviation Officers arrived on scene attempted to carry the individual off of the flight when he fell. His head subsequently struck an armrest causing injuries to his face. The man was taken to Lutheran General Hospital with non-life threatening injuries. Ongoing investigation."

Crazy that's what they want to report it as when they already know they're being filmed from multiple angles.

Offline aygart

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Re: Man forcibly removed from overbooked United flight
« Reply #122 on: April 13, 2017, 07:53:09 PM »
But the case is stronger if they had no right to kick passenger off plane
They're allowed to. There's a "passenger-removal policy". His high powered injury attorney is making it about the "unreasonable force & violence".

Offline henche

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Re: Man forcibly removed from overbooked United flight
« Reply #123 on: April 13, 2017, 07:54:19 PM »
They're allowed to. There's a "passenger-removal policy". His high powered injury attorney is making it about the "unreasonable force & violence".

link to policy. And is it an internal policy, or is it part of the contract they have with you?

Offline Mordyk

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Re: Man forcibly removed from overbooked United flight
« Reply #124 on: April 13, 2017, 07:55:35 PM »
Some of the memes
#TYH

Offline EJB

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Re: Man forcibly removed from overbooked United flight
« Reply #125 on: April 13, 2017, 07:55:48 PM »
It's not making it to court. United wants this over with, and the lawyers know they'll do much better with a generous settlement than they'll do in court.
Yup, but settlement will be related to what they think it will fetch in court. Prob more.

Offline as2

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Re: Man forcibly removed from overbooked United flight
« Reply #126 on: April 13, 2017, 08:00:06 PM »
Regardless I think United would be on the hook. But the case is stronger if they had no right to kick passenger off plane
So if a business calls law enforcement to assist with a problematic customer, and he ends up shot, the business is on the hook? If it turns out that the business was unlawful removing said customer, it still shouldn't impact their responsibility for what the officer decided to do.
Memories last forever, make them while you can.

Offline David Smith

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Re: Man forcibly removed from overbooked United flight
« Reply #127 on: April 13, 2017, 08:05:11 PM »
Yup, but settlement will be related to what they think it will fetch in court. Prob more.
There is a real possibility that they may get nothing in court. United asked him to disembark, which was within their rights, and subsequently requested help from law enforcement, which was also within their rights. Law enforcement requested that he leave, and when he refused to comply with police orders they dragged him away. If the only complaint left in the case is misuse of police brutality, they'll have a tough time walking away with nice money.


However, United knows that this incident will cost them at a minimum the hundreds of millions, and the fallout is just growing. They need closure as soon as possible, not a drawn out legal battle with them defending their actions in court, which will further incriminate them in the court of public opinion. A proactive settlement seems obvious.
Who do you think you are fooling? You think you are going to pull a quick one on your Creator? Good luck with that.
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Offline Yehuda25

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Re: Man forcibly removed from overbooked United flight
« Reply #128 on: April 13, 2017, 08:08:44 PM »
There is a real possibility that they may get nothing in court. United asked him to disembark, which was within their rights, and subsequently requested help from law enforcement, which was also within their rights. Law enforcement requested that he leave, and when he refused to comply with police orders they dragged him away. If the only complaint left in the case is misuse of police brutality, they'll have a tough time walking away with nice money.


However, United knows that this incident will cost them at a minimum the hundreds of millions, and the fallout is just growing. They need closure as soon as possible, not a drawn out legal battle with them defending their actions in court, which will further incriminate them in the court of public opinion. A proactive settlement seems obvious.
agreed, this dr is about to retire on united's dime
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Offline henche

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Re: Man forcibly removed from overbooked United flight
« Reply #129 on: April 13, 2017, 08:11:16 PM »
There is a real possibility that they may get nothing in court. United asked him to disembark, which was within their rights, and subsequently requested help from law enforcement, which was also within their rights. Law enforcement requested that he leave, and when he refused to comply with police orders they dragged him away. If the only complaint left in the case is misuse of police brutality, they'll have a tough time walking away with nice money.


However, United knows that this incident will cost them at a minimum the hundreds of millions, and the fallout is just growing. They need closure as soon as possible, not a drawn out legal battle with them defending their actions in court, which will further incriminate them in the court of public opinion. A proactive settlement seems obvious.

If all those assumptions are correct. I have no idea if they are.

Online TimT

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Re: Man forcibly removed from overbooked United flight
« Reply #130 on: April 13, 2017, 08:12:12 PM »
link to policy. And is it an internal policy, or is it part of the contract they have with you?
https://www.united.com/web/en-US/content/contract-of-carriage.aspx#sec21
Read through "H"

Offline henche

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Offline EJB

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Re: Man forcibly removed from overbooked United flight
« Reply #132 on: April 13, 2017, 08:14:52 PM »
https://www.united.com/web/en-US/content/contract-of-carriage.aspx#sec21
Read through "H"
That's "safety". Where does it say united can kick off someone from the plane for whatever reason?

Offline ExGingi

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Re: Man forcibly removed from overbooked United flight
« Reply #133 on: April 13, 2017, 08:15:02 PM »
Forgive the dumb question but isn't the inherent competition of a free market economy supposed to provide natural checks and balances for this? If so what is going wrong here? Is it that aviation is so regulated? Can you explain this to me?
Very difficult to provide natural checks and balances when there's such concentration.

It's not just aviation, it's all mega mergers where there's a very significant barrier to entry, that might require some oversight. In what other market would people regularly pay a price for a contract that doesn't even guarantee them what they really want - to get from point a to point b within a certain time frame?
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Offline henche

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Re: Man forcibly removed from overbooked United flight
« Reply #134 on: April 13, 2017, 08:16:17 PM »
This is Rule 25, which is about denying boarding for overbooking.  Where does it say they can kick off after board?

Offline as2

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Re: Man forcibly removed from overbooked United flight
« Reply #135 on: April 13, 2017, 08:17:50 PM »
You want to argue this was for "safety"?
#2 covers it. He was not complying with the flight crew, regardless of whether they were in the right or not.
Memories last forever, make them while you can.

Offline henche

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Re: Man forcibly removed from overbooked United flight
« Reply #136 on: April 13, 2017, 08:19:35 PM »
#2 covers it. He was not complying with the flight crew, regardless of whether they were in the right or not.

You think you would win that one in court?  That the rule says they can kick you off if you fail to comply, so if they order you to get off and you don't, then you have failed to comply and m'meilah they can kick you off?

Wouldn't any reasonable person read that as a permitted order?

Online TimT

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Re: Man forcibly removed from overbooked United flight
« Reply #137 on: April 13, 2017, 08:20:08 PM »
You want to argue this was for "safety"?
Airlines have been making (abusing) everything about "safety" for a looong time.
« Last Edit: April 13, 2017, 08:23:39 PM by TimT »

Offline as2

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Re: Man forcibly removed from overbooked United flight
« Reply #138 on: April 13, 2017, 08:24:29 PM »
You think you would win that one in court?  That the rule says they can kick you off if you fail to comply, so if they order you to get off and you don't, then you have failed to comply and m'meilah they can kick you off?

Wouldn't any reasonable person read that as a permitted order?
Yes, but we all know lawyers aren't reasonable people It's an approach. I have not studied the contract of carriage, but definitely would like to know the exact circumstances that would justify an ejection, post boarding.
Memories last forever, make them while you can.

Offline yoohoo

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Re: Man forcibly removed from overbooked United flight
« Reply #139 on: April 13, 2017, 08:24:46 PM »