United Airlines: Lawbreaker Or Misunderstood?

United Airlines has been involved in several controversies, including incidents of passengers being forcibly ejected from overbooked flights, which has led to questions about whether the airline broke the law. In one notable case, a passenger was dragged off a plane with such force that he sustained injuries, sparking outrage and a PR disaster for the airline. While the airline's actions may have violated its own rules, legal experts suggest that the passenger may have been breaking the law by interfering with the crew's duties. This incident, along with others, highlights the power dynamic between consumers and corporations in the airline industry, where a handful of large companies dominate the market.

Did United Airlines break the law by forcibly removing a passenger?

In April 2017, a United Airlines passenger, Dr. David Dao, was forcibly removed from an overbooked flight. The incident sparked widespread outrage, with videos of the incident showing Dr. Dao being dragged down the aisle of the aircraft by security officers, with blood dripping from his face.

While the incident raised questions about the legality of United Airlines' actions, it is important to note that United Airlines did not break the law by forcibly removing the passenger. According to aviation law experts, Dr. Dao was legally obliged to disembark the aircraft under federal law when asked to do so by the staff. Andrew Harakas, an aviation expert, stated that once a passenger is onboard an aircraft, they cannot interfere with the crew performing their duties or the operation of the aircraft. Mark Franklin, head of aviation at DLA Piper, echoed this sentiment, emphasizing that passengers are required to obey the orders of the pilot and cabin crew.

However, the incident highlighted the unequal power dynamics between consumers and corporations in the airline industry. While United Airlines had the legal right to deny boarding to passengers in the event of overbooking, the use of force and the brutal treatment of Dr. Dao were highly unusual and sparked a public backlash.

It is worth noting that while the filming of the incident may have broken United Airlines' rules regarding photography and video recording, it did not violate any laws as it occurred when the plane was stationary at the airport before takeoff.

Did the passenger break the law by refusing to leave the aircraft?

The incident in question occurred on United Express Flight 3411 from Chicago O'Hare International Airport to Louisville, Kentucky, when the airline overbooked the flight and required four passengers to leave the aircraft to make room for staff. The passenger, a doctor named David Dao, was violently removed from his seat and dragged down the aisle of the aircraft by security officers after he rejected calls from the crew to disembark.

Andrew Harakas, an aviation expert at Clyde & Co law firm, stated that under federal law, Mr. Dao was obliged to disembark if asked to do so by the staff. He further explained that once a passenger is on board an aircraft, they cannot interfere with the crew performing their duties or the operation of the aircraft. Mark Franklin, head of aviation at DLA Piper, echoed this sentiment, stating that passengers are required to obey the orders of the pilot and cabin crew, which often relate to safety instructions such as fastening seatbelts.

Therefore, by refusing to leave the aircraft, Mr. Dao may have been in violation of federal law and interfering with the crew's ability to perform their duties. However, it is important to note that the specific laws and regulations regarding this situation may vary depending on the jurisdiction.

Did the filming of the incident break the law?

The filming of the incident did not break any laws, but it did break United Airlines' own rules. According to United Airlines' "Electronic device policies", filming other passengers or airline personnel without their express consent is prohibited. The footage of the incident involved filming both airline personnel, other customers, and law enforcement without their permission and could easily be banned under those rules.

However, it is important to note that United Airlines' policy on filming is somewhat unclear. While it states that "personal events" can be recorded, the term is not clearly defined. Nonetheless, the act of filming did not violate any federal laws, and similar rules about filming on planes apply in most other countries.

The only legal restriction on filming in an aircraft is the use of cameras during takeoff and landing, which applies to all electronic devices for safety reasons. As the incident occurred while the plane was stationary at the airport before takeoff, anyone filming it was in violation of United Airlines' rules but not any laws.

Did United Airlines break the law by overbooking the flight?

Overbooking is a common practice in the airline industry. It is not illegal, and most airlines overbook their scheduled flights to a certain extent to compensate for "no-shows". In the case of United Airlines, the incident in question occurred because the airline decided at the last minute to fly four members of staff to a connection point and needed to bump four passengers to make way for them.

When there is a seating issue, the first step is to offer an inducement to passengers to take a later flight. In this case, passengers were offered $400, a hotel room for the night, and a flight the following afternoon. When no one took the offer, the amount was increased to $800. Still, no one volunteered, so a manager boarded the flight and informed passengers that four people would be selected to leave the flight.

According to the Department of Transportation's laws, airlines have the right to deny boarding to passengers, as long as they pay the displaced customer for their troubles—up to a maximum of $1,350. This typically happens before the plane is boarded, and volunteers are usually compensated for their troubles.

In the case of United Airlines, the situation was handled poorly, and the airline was widely criticized for its treatment of the passenger. The airline apologized for the incident and stated that it would review the event and "reach out" to the passenger. One of the security officers involved in the incident was also suspended.

While United Airlines' actions were within their legal rights, the incident raised questions about the common practice of overbooking and how far airlines will go to sell all of their seats. It is important to note that instances of passengers being violently dragged off a plane are extremely rare.

Did United Airlines break employment law?

In 2017, a United Airlines passenger, Dr. David Dao, was forcibly ejected from an overbooked flight. The incident sparked global outrage, with videos of the event showing Dr. Dao being dragged down the aisle of the aircraft by security officers, with blood dripping from his face. This led to questions about whether United Airlines had broken the law.

While the treatment of Dr. Dao was shocking, it appears that United Airlines did not break the law. According to aviation law experts, Dr. Dao was obliged to disembark under federal law if asked to do so by staff. Andrew Harakas, an aviation expert, stated that once a passenger is onboard an aircraft, they cannot interfere with the crew performing their duties. Mark Franklin, head of aviation at DLA Piper, echoed this sentiment, adding that passengers must obey the orders of the pilot and cabin crew.

In the case of Dr. Dao, he was denied boarding and refused to leave the plane when asked, which is considered a violation of the law. However, it is important to note that this was a highly unusual situation as passengers were asked to disembark after having already boarded the aircraft.

While United Airlines may not have broken the law, the incident highlighted the unequal power dynamic between consumers and corporations in the airline industry. Additionally, it sparked discussions about the legality of filming on planes, as the filming of the incident may have broken United Airlines' own rules but did not break any laws.

In summary, while United Airlines' treatment of Dr. Dao was disturbing, it does not appear that they broke employment law. However, the incident brought to light several issues within the industry and led to a public relations disaster for the company.

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