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Only people arguing that the guy in the united flight was in the wrong are cops and former cops.
Am I the only one who finds that odd?
Only people arguing that the guy in the united flight was in the wrong are cops and former cops.
Am I the only one who finds that odd?
legally its tresspass. Their property. you leave.
Same as if I drag a guy out of a pub. Or you kick someone out of your house. even if you have paid. You don't get a tresspass exemption.
Only people arguing that the guy in the united flight was in the wrong are cops and former cops.
Am I the only one who finds that odd?
This is going off topic a bit but UA's contract of carriage clearly states the conditions where a passenger can be removed from the plane, and this incident doesn't come under any of those. In other words, the airline had no legal right to ask that passenger to leave, and therefore shouldn't have forcibly removed him from the plane. That is why I asked the question regarding using self-defence against law enforcement. The passenger resisted being removed from his seat and got injured because of it, but what would have happened if he had successfully fended off the security guards?
This is going off topic a bit but UA's contract of carriage clearly states the conditions where a passenger can be removed from the plane, and this incident doesn't come under any of those. In other words, the airline had no legal right to ask that passenger to leave, and therefore shouldn't have forcibly removed him from the plane. That is why I asked the question regarding using self-defence against law enforcement. The passenger resisted being removed from his seat and got injured because of it, but what would have happened if he had successfully fended off the security guards?
Here is the contract of carriage:
Contract of Carriage Document | United Airlines
Now, I looked it over briefly and I also did not see any language about being removed from the plane because of overbooking. That is why I said I do not know if United was wrong to try to have him removed or not.
What I said was that as far as being dragged out kicking and screaming, once United said the passenger had to leave, he was going to leave. Period. If United was wrong to have done so, lawsuit time. Under no circumstances I can think of would the passenger have been permitted to demonstrate where the Contract of Carriage did not permit United to remove him, fight off the security guards attempting to remove him, and then be permitted to keep his seat and have the flight go on as planned. That was NEVER GOING TO HAPPEN.
Given the reality of the situation and not a non-lawyer's attempt to understand the CoC, I'd still suggest that deplaning and then seeking legal redress would have been a far better solution for the passenger.
I have never, ever, seen a person stand up and explain that such-and-such CLEARLY STATES that umpty-ump and thus-and-so and end up getting their way in such situations. Never happens.
As I've said, I've had my share of people I was arresting try to explain to me how they were innocent, how the rules didn't apply to them, how I wasn't allowed to arrest them and on and on and on. Hugely entertaining, but in the end, the cuffs went on. The cuffs always go on.
Opinion: Comply and get a lawyer later.
Rule 25 of contract
once again, the law I is only one lens through which to look at an encounter. The guy on the united flight will not be prosecuted. He will, in fact, get a good deal of money.Because cops actually know the law instead of their arguments being based on emotions.