United airlines brutally removes passenger after overbooking flight

Right, and how United chooses to define it might not even be relevant.

It is the federal regulations that determine the way that “denied boarding” is handled, and so one would assume that the regulators would be the one to determine what actually constitutes the legal and regulatory definition of boarding.

United might say, for example, something like: “Boarding is not complete until the plane’s doors are closed, and anyone can be removed up until this time.”

The regulators, however, might decide to write something like: “For each individual passenger, boarding is deemed to have been completed once the passenger, in possession of a valid boarding pass, takes his or her assigned seat on the plane.”

Read the thread. Delta, etc have been cited here as offering quite a bit more.

Under certain circumstances, yes. But not just because he feels like it.

I think it would make more sense to draw the line at passing through the airplane doors. That’s a much clearer line than whether or not the person really sat down or just stowed his luggage or didn’t fasten his seat belt or whatever.

They can do it even if it’s solely because they just feel like it.

Let’s assume for a moment that denying boarding and what happened to this guy are distinct things. What is the desired implication of that? Is it that the federal regulations on overbooking don’t apply? If so, you might want to rethink that. That regulation is a restraint, not an authorization. Airlines have the right to remove you for (virutally) any reason. Smell bad? Drunk? Wearing the wrong colored clothes? Doesn’t matter. The airline can kick you off and your only recourse is a civil suit.

Are we going to rehash the entire week’s worth of discussion here?

My position is that an airline should not be allowed to involuntarily remove people from the aircraft once they have boarded for the purpose of giving that seat to someone else. It’s a perfectly common sense and easy to apply rule and it looks like that’s going to be the rule from now on.

As for wearing the wrong clothes, United has already gotten into trouble over that, and for all practical purposes, that’s not going to be something it tries again very soon.

Let United or some other airline mistreat customers in another way that outrages the public, and you might very well see an airline passengers’ bill of rights that puts strict limits on an airline’s ability to eject people once they’re on board.

Safety issue? Fine. Misbehavior, threats, disturbing other passengers? Fine. Drunkenness? Fine.

But just because they’ve suddenly decided they want your seat? That’s no longer going to be an option for them. And they had better be very careful trying to eject people for other frivolous reasons like dress codes. That’s going to go badly for them.

No they can’t.

The airline is regulated by the federal government. Unlike a private business they aren’t allowed to claim “we reserve the right to refuse service to anyone for any reason.” There is a very clear set of rules about why someone can be refused transport. Among them in United’s contract are smelling bad and not being dressed properly. Those are actually spelled out in their contract. Having to make room for employees so that the airline can save money or prevent another flight from being delayed are not among the contractual reasons to deny transport to anyone.

Other than violating the terms of the contract there are only very few exceptions that allow a paid and confirmed passenger to be denied transportation. One of those is the case of an oversold flight. If more paid and confirmed passengers arrive than the plane can carry they have to first look for volunteers to accept compensation to take a different flight. If they can’t get enough volunteers they have to follow a documented process of selecting which passengers may be denied transportation.

This was not an oversold flight. The loopholes that allow them to refuse transportation to a paid and confirmed passenger don’t apply. They were just trying to use those loopholes to make room for employees who were not paid and confirmed passengers. That is not only not spelled out in their contract but also may violate the federal regulation cited in this thread.

Can you imagine if you could be seated on the plane, having paid your ticket and complied with all airline regulations, only to be told that you need to leave because a late comer has offered to pay triple fare for a seat on that plane? The regulations prevent the airlines from taking away your seat and giving it to the highest bidder on full flights.

Following are two relevant sections of United’s contract of carriage, in addition to the federal regulation already cited in this thread:

Correct, because I’m not interested in wasting my time on irrelevancies.

Or how about not leaving a paying customer with a broken nose, concussion and two missing front teeth because of your piss poor planing.

Airlines are acting like bullies, and abusing their hall monitor privileges purely for their financial gain.

We have video evidence that the Doctor, while annoyed, was not acting in a way that put anyones safety at risk and is far more restrained than the airline originally claimed.

The real question is what it will take before someone takes the airline to task for it’s grossly unequal bargaining power. “Compile or be arrested” seems like a good case for a claim of unconscionability for the entire contract.

But United does provide you with free scorpions, so there’s that…:stuck_out_tongue:

I agree. I’m not sure if the CFR overrules private property rights. Would it be different if this was not an overbooking situation? Say the agent of United in charge of the flight simply ordered a passenger off of a flight because he didn’t like people who wore green shirts.

You would agree that is generally the right of any business, to refuse service to anyone, or even to breach contracts, subject to monetary penalties, correct?

And would you also agree that if a United agent said “Leave ye green shirted bastard” that you must leave?

The argument seems to be that the CFR overrides property rights, but like you, I don’t believe that is at all clear.

Yes, as a general proposition.

But I think we’re flirting with a semantic issue that we ought to nail down.

In one sense, it’s my right to rob a liquor store, subject to civil and criminal penalties.

But few would speak of such a right. I’d say that a “right,” is the taking of an action for which there is no effective remedy in law. If we adopt that understanding, then we wouldn’t speak of the rights of businesses to take an action if the action incurs a penalty from the government. I think that’s a cleaner, clearer way of expressing the issue.

Absent some countervailing regulation, yes.

I simply don’t know, so yes, I’m reluctant to endorse commentary that declares it does or commentary that declares it does not. My sense from reading the CFR is that United was acting outside the permissible scope of actions for an airline, but the question is how the CFR has been shaped by case law and agency interpretation.

Actually, I don’t believe it was an overbooking situation. My understanding is that overbooking is defined to mean more paid passengers than there are seats, but in this case, the airline wanted to accommodate non-revenue passengers and the rules are different in that case.

LOL. I don’t know how you can type this with a straight face.

I have, in fact, been reading the thread, and the only evidence i’ve seen of a large payout is one single instance, on one single airline, with one particular family. You say that “Delta, etc.” offer “quite a bit more,” but there really is no “etc.” in your evidence, is there? We have one particular case, from Delta, where a family received compensation of $11,000. Not only that, but even your actual example is NOT a case of offering more than the federally-mandated maximum. Here’s the story again, in case, you want to actually read it.

This incident involved three passengers, and it involved being bumped on three separate occasions over a space of two days. That is nine total voluntary bumpings. And their total compensation for those nine bumpings (3 people x 3 flights) was $11,000, or about $1,220 per person, per flight. That is below the federal cap of $1,350 per person per flight for involuntary bumping.

So, to review, we have one single, incredibly unusual case. In that case, the total compensation was $11,000, but the compensation per person per flight was still under the federal cap. And, based on this, you have concluded that:

OK, Mr. Evidence. Whatever you say.

Your claim is a bit like a student of political history looking at the election results for Minnesota and concluding that Walter Mondale won the 1984 election.

In an emergency they can override trespassing laws, so private property to that extent, but there’s no way this situation could be construed as an emergency. At least not before the customer was injured, but that injury was not the customer’s fault.

The whole notion of property rights is a red herring in this situation. Commercial passenger airlines are in a heavily regulated industry.

Property law and the concept of trespassing is not the base-line that governs the relationship between common carrier and public.

The public interest in ensuring fair treatment of the public, as represented by regulation, is where you start from, not from property law principles.

My suspicion is that gate agents would have the authority to offer up to the fed max amount of $1350 in situations like this, or at the very least were at least temporarily granted that in this extreme circumstance of Delta’s system falling all to hell, and anything higher than that would need a call upstairs. Note that the person in the article started with a bid of $1500 on their first bump and was immediately met with $1350 from the agent - and the article writer doesn’t seem to know that’s the most they’re required to be offered. It would absolutely make sense to give your agents the power to solve these situations on the ground themselves up to a limit, and then in extreme circumstances make a call to someone with power to offer more. It may be that United didn’t have that policy in place, though.

Fellow industry CEO blames the same thing, UAs policies.

Or is it that you can’t think of why they should legally be allowed to pull you out of the car?