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Started By
Message
re: United's dragged passenger hires high-powered Chicago personal injury lawyer
Posted on 4/12/17 at 8:44 am to Tiger in NY
Posted on 4/12/17 at 8:44 am to Tiger in NY
quote:He wasn't removed from the plane for being too loud or unruly, fwiw.
You can't be thrown out of your house for being too drunk or loud.
1
Posted on 4/12/17 at 8:44 am to LNCHBOX
quote:So if you agree that it is possible he had every right to that seat, i'll give the scenario i gave in the other thread.
For him getting his arse kicked? You bet.
Let's say you are at your house, cop knocks on your door, you answer. He says he's going to search your home. You ask for a warrant, he doesn't have one, and he says he's going to do it any way. You tell him no, but he barges in any way and you're injured in the process.
Are you saying you are 100% to blame for getting your arse kicked?
And before it's said, IF he did have every right to that seat(which again is plausible) this comparison is not that far off.
Posted on 4/12/17 at 8:44 am to Tiger in NY
quote:Well they may have violated their contractual agreement by forcing him to leave after boarding the plane.
but the passenger still needed to leave the plane when told to.
Assuming that is the case, then he had a legal right to be there; why should he HAVE to leave when their command was invalid?
This post was edited on 4/12/17 at 8:45 am
Posted on 4/12/17 at 8:45 am to NYNolaguy1
quote:
But that's assuming that United had legal grounds to boot him
No it's not. United could have very well been in the wrong. He still wouldn't have gotten his arse kicked if he hadn't escalated it further.
quote:
If the dude has a valid contract with the airline, and the airline decides to go off script and boot him for reasons not in the contract, does he have a legal reason to leave?
That's irrelevant. He made them forcibly remove him. That's on him at that point.
This post was edited on 4/12/17 at 8:47 am
Posted on 4/12/17 at 8:46 am to shel311
United violated regulations. The flight was not oversold so those regulations for oversold flights do not apply. The flight was fully booked but not oversold. You can't kick paying customers from a flight that isn't oversold to put your own employees on. This guy is about to get paid and paid well. I would expect a multi million dollar settlement.
This post was edited on 4/12/17 at 8:47 am
Posted on 4/12/17 at 8:46 am to shel311
This guy doesn't own the plane, so that's not a great comparison.
Posted on 4/12/17 at 8:46 am to NYNolaguy1
quote:
It's literally called a contract of carriage. I can't find anywhere in the contract that says kicking off a peaceful paying passenger is ok when the flight is not oversold.
Fine, I don't have time to research, but if it is a contract, then every contract has obligations and then remedies. If that contract was in breach, he has legal remedies, that don't include crying and wailing on the plane and making them drag him off.
Posted on 4/12/17 at 8:47 am to LNCHBOX
quote:By pointing out the absurdity of your argument? Even if you believe they were legally allowed to make him leave, you can't argue that they didn't contribute to the situation since it was in direct response to that command.
You realize you're blowing up your own argument, right?
Posted on 4/12/17 at 8:47 am to LNCHBOX
quote:
That's irrelevant. He made them forcibly remove them. That's on him at that point.
By doing what exactly? I have read nothing this dude did anything but sit and make them drag him off the plane. Saying you have a legal right to a seat isn't being unruly.
Posted on 4/12/17 at 8:47 am to NYNolaguy1
quote:
Aside from the legalities, this is a terrible business model and invites this kind of bad press.
What legalities? By purchasing a ticket, you agree to the airlines carriage contract. That contract gives them the right the bump you from the flight in the event its overbooked and outlines the compensation that they're required to give you if you're involuntarily bumped. Just because nobody reads the fine print doesn't mean it isn't applicable.
I had a buddy who worked at MSY for years explain this kind of situation to me about overbooking. He said all airlines do it and people getting bumped from flights happens all the time, especially during peak travel times around holidays. But in the vast majority of cases, the airline is able to find volunteers when they offer up vouchers and get them onto a flight later in the day or re-booked through another airline. He said the whole reason for overbooking is because on average about 10% of people miss their flight for whatever reason (just ran late, got stuck in traffic, connecting flight that was delayed)
Posted on 4/12/17 at 8:48 am to buckeye_vol
quote:
By pointing out the absurdity of your argument?
My argument was a continuation of yours.
quote:
Even if you believe they were legally allowed to make him leave, you can't argue that they didn't contribute to the situation since it was in direct response to that command.
The only reason it got physical was because he made it so. I'm sorry you refuse to admit that.
Posted on 4/12/17 at 8:48 am to shel311
quote:
He wasn't removed from the plane for being too loud or unruly, fwiw.
He wasn't asked to leave for those reasons, but you could argue that by the time the Marshalls got there that is why.
Posted on 4/12/17 at 8:48 am to stendulkar
There are good mall lawyers and there are bad mall lawyers. I have
obviously been represented by the lowest, tenth-rate, bungling slag variety
of bad mall lawyers, which has completely wrecked my chances to get fair
justice --- the kind of justice you get from Mexican mall lawyers in
trailers.
They're scrappy, Your Honor --- they fight like sharks because they
grew up in shacks made out of mud blocks where they had to fight all the
time, just as a matter of surviving. "Ernesto, give me that Kit-Kat, or I will kill you."
obviously been represented by the lowest, tenth-rate, bungling slag variety
of bad mall lawyers, which has completely wrecked my chances to get fair
justice --- the kind of justice you get from Mexican mall lawyers in
trailers.
They're scrappy, Your Honor --- they fight like sharks because they
grew up in shacks made out of mud blocks where they had to fight all the
time, just as a matter of surviving. "Ernesto, give me that Kit-Kat, or I will kill you."
Posted on 4/12/17 at 8:48 am to Tiger Prawn
quote:
What legalities? By purchasing a ticket, you agree to the airlines carriage contract. That contract gives them the right the bump you from the flight in the event its overbooked and outlines the compensation that they're required to give you if you're involuntarily bumped. Just because nobody reads the fine print doesn't mean it isn't applicable.
It seems the flight wasn't actually overbooked though. It was fully booked - which appears to make a big difference.
This post was edited on 4/12/17 at 8:50 am
Posted on 4/12/17 at 8:49 am to NYNolaguy1
quote:
By doing what exactly?
By doing what he did
Are you serious? Posted on 4/12/17 at 8:49 am to LNCHBOX
quote:So if he had a legal right to that seat, and they had no legal right to remove him, it's his solely his fault for their invalid attempt to remove him?
That's irrelevant. He made them forcibly remove him. That's on him at that point.
Posted on 4/12/17 at 8:49 am to Tiger in NY
quote:
that contract was in breach, he has legal remedies, that don't include crying and wailing on the plane and making them drag him off.
The contract doesn't describe remedies for booting off a person not related to an oversold situation. United really stepped into it here.
Posted on 4/12/17 at 8:49 am to buckeye_vol
quote:
So if he had a legal right to that seat, and they had no legal right to remove him, it's his solely his fault for their invalid attempt to remove him?
No, you're mixing two separate issues. Again.
Posted on 4/12/17 at 8:49 am to buckeye_vol
quote:
Assuming that is the case, then he had a legal right to be there; why should he HAVE to leave when their command was invalid?
No. He had a legal right to take them to court. The remedy outlined in his contract doesn't include him refusing to leave.
Posted on 4/12/17 at 8:51 am to Tiger in NY
quote:
No. He had a legal right to take them to court. The remedy outlined in his contract doesn't include him refusing to leave.
Are you saying there is a clause outlined in the contract which says something like "if we try to force you to leave in a manner which is not permissible in this contract, you must leave the plane anyway and pursue any remedy in court".
That seems ridiculous.
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