United Airlines Dragged an Asian American Down Aisle

[terranMarine]

Now the doctor has become a patient himself , had UA offered more money i'm sure other people would have raised their hands. This guy obviously had a commitment and obligation to his patients so he wasn't gonna accept being kicked off the plane by some random selection. After he managed to get back on the plane the guy was running in the aisle "i have to go back home, i have to go back home". Looks to me that bang on the armrest might have caused some brain injury.

 

[gambit]

"If the police is telling you to do something, if you refuse, you just broke the law." - Only Gambit
If the Police asks you to jump off the bridge, you would do that too? You are strange.

Now you are talking in the absurd, which is the refuge of those who have no credible argument.

I totally disagree with your statement. Dr. Dao does nothing wrong here. The Police or Security officer is not entitled to man-handled this man for no reason.

But there was a reason -- get off the aircraft.

If the police officer tells you to get out of the car with both hands visible, that is a reason. And if you do not comply, he has the right of law to manhandle you.

One officer broke the rule for acting out without following the protocol. In your mind, you think a "military personnel" or a "Police Officer" can do anything and get away with it.

No, I do not. So far, you have YET to show what laws UA broke. Laws, not its policy. You have failed to show how is the captain's order unlawful.

You don't get it, do you? If we are totally strictly on law basis rights, then everything has to be spell out in written so that both parties understand.

It was -- when you buy the ticket.

Not many people with deep thinking like me.

That is a good laugh.

Here is an example of where your 'deep thinking' failed...

https://www.aa.com/i18n/customer-service/support/conditions-of-carriage.jsp

Your ticket and the following Conditions of Carriage constitute the contract between you, the passenger, and American Airlines, Inc.

More like deep BS, to me.

You really need to re-read Rule 21 and watch the video again. It has nothing to do with what you just said. This has nothing to do with the Captain. He didn't own United Airlines. UA Carriage Policy is above the Captain. The Captain is nothing special here. I don't know why you have to emphasized on the Captain so much. You make it sounds like the Captain is the MAN of the house.

This is where you are wrong.

On any aircraft, the pilot-in-command (PIC) is essentially -- GOD. Not even the mission commander, if there is one, is above the PIC.

https://www.law.cornell.edu/cfr/text/14/91.3

...is directly responsible for, and is the final authority...

When the Prez is on board, the aircraft, any aircraft, is changed to Air Force One. However, that does not mean the Prez can order the PIC to do something that would jeopardize the safe operation of the aircraft. Rank is irrelevant. If the Prez want to change heading from Paris to London, that would be a lawful order. But if the PIC calculate there is insufficient fuel and there is no possible refueling from 'here' to London, the PIC can legally disobey the Prez.

 

[gambit]

How was a flight-attendant able to become a lawyer?

I would not expect any flight-attendant to have anywhere near the IQ required to be any good at
practising law.

So what you are saying is that it is not possible for a waiter to work his way into law school and become a successful lawyer.

Bill Gates was a college dropout. That means he should not have been smart enough to co-develop Windows and become one of the wealthiest in the world.

Are you that desperate to please the Chinese in this discussion that you must stoop so low as to personally insult the wife of a forum member ?

 

[powastick]

How was a flight-attendant able to become a lawyer?

I would not expect any flight-attendant to have anywhere near the IQ required to be any good at
practising law.

A Human Rights Lawyers defends cooperate interest is no Human Rights Lawyer.

 

[jhungary]

So what you are saying is that it is not possible for a waiter to work his way into law school and become a successful lawyer.

Bill Gates was a college dropout. That means he should not have been smart enough to co-develop Windows and become one of the wealthiest in the world.

Are you that desperate to please the Chinese in this discussion that you must stoop so low as to personally insult the wife of a forum member ?

lol, forget about it, the reason my wife washes her hand with this forum is because of these person, they want to say I lie about that, even tho I have already stated in 2015 my wife was working as a flight attendant, let them be, they don't know shit about the world of aviation, that's the point when they shot their own mouth with their gun.

Let's focus on debunking theory and nonsense from these people, I am having fun doing it, I don't know about you

 

[gambit]

Short and straight to the point...

https://www.gpo.gov/fdsys/pkg/CFR-2011-title14-vol2/xml/CFR-2011-title14-vol2-sec91-3.xml

===
Title 14 - Aeronautics and Space

Volume: 2
Date: 2011-01-01
Original Date: 2011-01-01
Title: Section 91.3 - Responsibility and authority of the pilot in command.
Context: Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED). SUBCHAPTER F - AIR TRAFFIC AND GENERAL OPERATING RULES. PART 91 - GENERAL OPERATING AND FLIGHT RULES. Subpart A - General.

§ 91.3 Responsibility and authority of the pilot in command.

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.

(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.(Approved by the Office of Management and Budget under control number 2120-0005)
===

There is nothing in the above law that limit the captain's authority to only when the aircraft is airborne.

lol, forget about it, the reason my wife washes her hand with this forum is because of these person, they want to say I lie about that, even tho I have already stated in 2015 my wife was working as a flight attendant, let them be, they don't know shit about the world of aviation, that's the point when they shot their own mouth with their gun.

Let's focus on debunking theory and nonsense from these people, I am having fun doing it, I don't know about you

The guy did came from a part of the world where women's lot is not very good, so I guess putting down women comes naturally to him. Probably the only way he knows how to relate to women outside his family.

 

[jhungary]

The guy did came from a part of the world where women's lot is not very good, so I guess putting down women comes naturally to him. Probably the only way he knows how to relate to women outside his family.

Well, flight attendant is a very cushy job. You fly only a few hours a day and you get all sort of discount when you work, in fact, I know a lot of college student work in local aviation industry. The job is casual and the means to travel is a great way to relax yourself.

But I guess for him, with his background, woman are an object, they have no intelligence, no independence and they only do what man told him to do

 

[xunzi]

Now you are talking in the absurd, which is the refuge of those who have no credible argument.


But there was a reason -- get off the aircraft.

If the police officer tells you to get out of the car with both hands visible, that is a reason. And if you do not comply, he has the right of law to manhandle you.


No, I do not. So far, you have YET to show what laws UA broke. Laws, not its policy. You have failed to show how is the captain's order unlawful.


It was -- when you buy the ticket.


That is a good laugh.

Here is an example of where your 'deep thinking' failed...

https://www.aa.com/i18n/customer-service/support/conditions-of-carriage.jsp

More like deep BS, to me.


This is where you are wrong.

On any aircraft, the pilot-in-command (PIC) is essentially -- GOD. Not even the mission commander, if there is one, is above the PIC.

https://www.law.cornell.edu/cfr/text/14/91.3

When the Prez is on board, the aircraft, any aircraft, is changed to Air Force One. However, that does not mean the Prez can order the PIC to do something that would jeopardize the safe operation of the aircraft. Rank is irrelevant. If the Prez want to change heading from Paris to London, that would be a lawful order. But if the PIC calculate there is insufficient fuel and there is no possible refueling from 'here' to London, the PIC can legally disobey the Prez.

I'm sicken tired of your thick skull who obviously not at my level of deep thinking. LOL I SAID before that the carrier contract does not apply once a customer is boarded. It is a contract during the process of boarding, not BOARDED like in this case. This is unique in that way.

 

[frequency]

United passenger dragged off plane has a strong legal case, experts say

Now the court system could get involved in the United fiasco.
Dr. David Dao, who was dragged off a plane in Chicago last Sunday, isn't filing a lawsuit yet.

But his lawyers say he plans to. And they filed an emergency petition on Wednesday asking that all potential evidence from the episode be preserved.

"Will there be a lawsuit? Yeah, probably," Thomas Demetrio, Dao's attorney, told reporters Thursday. He said both United (UAL) and the Chicago authorities who manhandled his client could be liable.

Legal experts say Dao has a good case against both parties once he decides to file.


Related: Man dragged off United flight has concussion, will file suit, lawyer says

As everyone now knows, Dao was pulled off a plane, bloodied and screaming, at Chicago O'Hare International Airport. He had refused to give up his seat on a flight to Louisville, Kentucky. United needed to free up seats for commuting crew members.

Trial lawyer Aaron Podhurst, who represents plaintiffs in aviation cases, said he believes Dao can make a strong civil case based on the assault and battery that appears to have occurred. United could be liable, and Dao could also sue Chicago authorities for use of excessive force, Podhurst said.

"This case is a very strong case for the passenger," Podhurst said. He added that he expects Dao would be able to secure a settlement.

Passengers agree to a litany of terms in any airline's "contract of carriage," which they agree to when purchasing a ticket. But the agreement doesn't sign away the right to sue if the airline treats a passenger in a manner that breaches the law.

"If you're injured, or dragged off the airplane, or falsely arrested, you can sue," said Andrew Harakas, head of the aviation law group at Clyde & Co.

Related: How United could have avoided this fiasco

Airlines do have legal protection if they act in a reasonable way when refusing to transport a passenger that is a threat to himself or other passengers, Harakas said.

David Katzman, an aviation lawyer with Katzman Lampert & McClune, said that standard doesn't likely apply in the United case.

"You could give this to a group of first-year lawyers and they could list all the claims this guy has," he said, naming intentional infliction of emotional distress in addition to assault and battery.

United CEO Oscar Munoz initially said that Dao was "disruptive and belligerent." But on Wednesday, Munoz walked back such language, saying he did not blame Dao for what happened. He told ABC that United did not give its managers "the proper tools, policies, procedures."

United said Thursday that Munoz and the company have called Dao repeatedly to apologize.

"We cannot stress enough that we remain steadfast in our commitment to make this right," the company said.

@jhungary I don't think you really know what you're talking about. You are really confused about obeying the law and human rights law. Only a rookie lawyer would agree with you on Dr. Dao who broke the law and UA policy. An expert lawyer would disagree with you and I don't need to ask one to know it. I already know the both the criminal law and business law.