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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 10, 2017, 8:42 pm
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Statement from United Airlines Regarding Resolution with Dr. David Dao - released 27 April 2017
CHICAGO, April 27, 2017 /PRNewswire/ -- We are pleased to report that United and Dr. Dao have reached an amicable resolution of the unfortunate incident that occurred aboard flight 3411. We look forward to implementing the improvements we have announced, which will put our customers at the center of everything we do.
DOT findings related to the UA3411 9 April 2017 IDB incident 12 May 2017

What facts do we know?
  • UA3411, operated by Republic Airways, ORD-SDF on Sunday, April 9, 2017. UA3411 was the second to last flight to SDF for United. AA3509 and UA4771 were the two remaining departures for the day. Also, AA and DL had connecting options providing for same-day arrival in SDF.
  • After the flight was fully boarded, United determined four seats were needed to accommodate crew to SDF for a flight on Monday.
  • United solicited volunteers for VDB. (BUT stopped at $800 in UA$s, not cash). Chose not to go to the levels such as 1350 that airlines have been known to go even in case of weather impacted disruption)
  • After receiving no volunteers for $800 vouchers, a passenger volunteered for $1,600 and was "laughed at" and refused, United determined four passengers to be removed from the flight.
  • One passenger refused and Chicago Aviation Security Officers were called to forcibly remove the passenger.
  • The passenger hit the armrest in the aisle and received a concussion, a broken nose, a bloodied lip, and the loss of two teeth.
  • After being removed from the plane, the passenger re-boarded saying "I need to go home" repeatedly, before being removed again.
  • United spokesman Jonathan Guerin said the flight was sold out — but not oversold. Instead, United and regional affiliate Republic Airlines – the unit that operated Flight 3411 – decided they had to remove four passengers from the flight to accommodate crewmembers who were needed in Louisville the next day for a “downline connection.”

United Express Flight 3411 Review and Action Report - released 27 April 2017

Videos

Internal Communication by Oscar Munoz
Oscar Munoz sent an internal communication to UA employees (sources: View From The Wing, Chicago Tribune):
Dear Team,

Like you, I was upset to see and hear about what happened last night aboard United Express Flight 3411 headed from Chicago to Louisville. While the facts and circumstances are still evolving, especially with respect to why this customer defied Chicago Aviation Security Officers the way he did, to give you a clearer picture of what transpired, I've included below a recap from the preliminary reports filed by our employees.

As you will read, this situation was unfortunately compounded when one of the passengers we politely asked to deplane refused and it became necessary to contact Chicago Aviation Security Officers to help. Our employees followed established procedures for dealing with situations like this. While I deeply regret this situation arose, I also emphatically stand behind all of you, and I want to commend you for continuing to go above and beyond to ensure we fly right.

I do, however, believe there are lessons we can learn from this experience, and we are taking a close look at the circumstances surrounding this incident. Treating our customers and each other with respect and dignity is at the core of who we are, and we must always remember this no matter how challenging the situation.

Oscar

Summary of Flight 3411
  • On Sunday, April 9, after United Express Flight 3411 was fully boarded, United's gate agents were approached by crewmembers that were told they needed to board the flight.
  • We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation) and when we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.
  • He was approached a few more times after that in order to gain his compliance to come off the aircraft, and each time he refused and became more and more disruptive and belligerent.
  • Our agents were left with no choice but to call Chicago Aviation Security Officers to assist in removing the customer from the flight. He repeatedly declined to leave.
  • Chicago Aviation Security Officers were unable to gain his cooperation and physically removed him from the flight as he continued to resist - running back onto the aircraft in defiance of both our crew and security officials.
Email sent to all employees at 2:08PM on Tuesday, April 11.
Dear Team,

The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment. I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard. No one should ever be mistreated this way.

I want you to know that we take full responsibility and we will work to make it right.

It’s never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what’s broken so this never happens again. This will include a thorough review of crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement. We’ll communicate the results of our review by April 30th.

I promise you we will do better.

Sincerely,

Oscar
Statement to customers - 27 April 2017
Each flight you take with us represents an important promise we make to you, our customer. It's not simply that we make sure you reach your destination safely and on time, but also that you will be treated with the highest level of service and the deepest sense of dignity and respect.

Earlier this month, we broke that trust when a passenger was forcibly removed from one of our planes. We can never say we are sorry enough for what occurred, but we also know meaningful actions will speak louder than words.

For the past several weeks, we have been urgently working to answer two questions: How did this happen, and how can we do our best to ensure this never happens again?

It happened because our corporate policies were placed ahead of our shared values. Our procedures got in the way of our employees doing what they know is right.

Fixing that problem starts now with changing how we fly, serve and respect our customers. This is a turning point for all of us here at United – and as CEO, it's my responsibility to make sure that we learn from this experience and redouble our efforts to put our customers at the center of everything we do.

That’s why we announced that we will no longer ask law enforcement to remove customers from a flight and customers will not be required to give up their seat once on board – except in matters of safety or security.

We also know that despite our best efforts, when things don’t go the way they should, we need to be there for you to make things right. There are several new ways we’re going to do just that.

We will increase incentives for voluntary rebooking up to $10,000 and will be eliminating the red tape on permanently lost bags with a new "no-questions-asked" $1,500 reimbursement policy. We will also be rolling out a new app for our employees that will enable them to provide on-the-spot goodwill gestures in the form of miles, travel credit and other amenities when your experience with us misses the mark. You can learn more about these commitments and many other changes at hub.united.com.

While these actions are important, I have found myself reflecting more broadly on the role we play and the responsibilities we have to you and the communities we serve.

I believe we must go further in redefining what United's corporate citizenship looks like in our society. If our chief good as a company is only getting you to and from your destination, that would show a lack of moral imagination on our part. You can and ought to expect more from us, and we intend to live up to those higher expectations in the way we embody social responsibility and civic leadership everywhere we operate. I hope you will see that pledge express itself in our actions going forward, of which these initial, though important, changes are merely a first step.

Our goal should be nothing less than to make you truly proud to say, "I fly United."

Ultimately, the measure of our success is your satisfaction and the past several weeks have moved us to go further than ever before in elevating your experience with us. I know our 87,000 employees have taken this message to heart, and they are as energized as ever to fulfill our promise to serve you better with each flight and earn the trust you’ve given us.

We are working harder than ever for the privilege to serve you and I know we will be stronger, better and the customer-focused airline you expect and deserve.

With Great Gratitude,

Oscar Munoz
CEO
United Airlines
Aftermath
Poll: Your Opinion of United Airlines Reference Material

UA's Customer Commitment says:
Occasionally we may not be able to provide you with a seat on a specific flight, even if you hold a ticket, have checked in, are present to board on time, and comply with other requirements. This is called an oversale, and occurs when restrictions apply to operating a particular flight safely (such as aircraft weight limits); when we have to substitute a smaller aircraft in place of a larger aircraft that was originally scheduled; or if more customers have checked in and are prepared to board than we have available seats.

If your flight is in an oversale situation, you will not be denied a seat until we first ask for volunteers willing to give up their confirmed seats. If there are not enough volunteers, we will deny boarding to passengers in accordance with our written policy on boarding priority. If you are involuntarily denied boarding and have complied with our check-in and other applicable rules, we will give you a written statement that describes your rights and explains how we determine boarding priority for an oversold flight. You will generally be entitled to compensation and transportation on an alternate flight.

We make complete rules for the payment of compensation, as well as our policy about boarding priorities, available at airports we serve. We will follow these rules to ensure you are treated fairly. Please be aware that you may be denied boarding without compensation if you do not check in on time or do not meet certain other requirements, or if we offer you alternative transportation that is planned to arrive at your destination or first stopover no later than one hour after the planned arrival time of your original flight.
CoC is here: https://www.united.com/web/en-US/con...-carriage.aspx
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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 12, 2017, 4:07 pm
  #4351  
 
Join Date: Jul 2003
Location: SFO
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Originally Posted by uastarflyer
i think this will work out far better for him this way, standing his ground.

once you walk out you lose leverage.
As they say, possession is 9/10th of the law.
1KChinito is online now  
Old Apr 12, 2017, 4:09 pm
  #4352  
 
Join Date: Sep 2015
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Originally Posted by fastair
I am FAR from a legal expert, but the entire "Contract of carriage" is about carriage, which is defined, in the doccument, as transporting a person and their luggage from one place to another. A subsection on the contract of carriage, denied boarding, we now try to define an undefined term. In the scope of the document about the rights of carriage, which is transporting a customer (and baggage) where does a right to board or not board come in. The ticket doesn't give anyone the right to board or deboard, it is about carriage between places. Buying a ticket and boarding serves no purpose, it is part of the carriage. Steeping foot on an airplane without the carriage has the same net result as not setting foot on an airplane at all. All penalties for IBD are calculated off the the ticket price for carriage to the next stopover, not the distance from the jetbridge door to the seat and the time to get to the next destination, not the time it takes to walk to the seat from the gateroom door.
Well, except that the parts of the CofC that talk about carriage allow one to be removed from an airplane only for a specific set of circumstances related to safety. And the part that talks about denied boarding only talks about "boarding".

But the point that the CofC isn't a contract of boarding, but only a contract of carriage, seems rather vacuous to me. How is one to be carried unless they board?

Remember, the passengers have no opportunity to negotiate the terms of the agreement between them at the airline, beyond a "take it or leave it" refusal.
That is the very definition of a contract of adhesion, about which disputes, when argued in court, will always favor the consumer.
Rdenney is offline  
Old Apr 12, 2017, 4:10 pm
  #4353  
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Originally Posted by 1KChinito
I doubt that is the end of this case. Some passengers may sue for distress/post traumatic stress disorder.
I think we and everyone else should also be compensated for watching that video 10 times, this was distressing and traumatizing....
nk15 is offline  
Old Apr 12, 2017, 4:10 pm
  #4354  
 
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Key Question Going Forward!

Great to see that those of us who said all along that United were acting improperly from the get-go have been completely vindicated!

But looking forward, there is an important question here: as carrier conditions of carriage (CoC) vary from airline-to-airline, could it be that airlines X, Y and Z may have the right under their CoCs to deplane you even once boarded, while United and airlines P and Q do not?
Wexflyer is offline  
Old Apr 12, 2017, 4:11 pm
  #4355  
 
Join Date: Feb 2015
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I initially commented that I believed the passenger was most likely also in the wrong. I killed UA for their horrible handling, and hammered the security force for what appeared to be uneccessary force....but still thought all three parties were wrong in some form.

Upon viewing additional video of the passenger's handling prior to being forcibly removed, I have to retract my statement that he was in the wrong. I believed he was likely belligerent and refusing to listen to authorities. I believed (wrongly) that they had the right to forcibly remove him, and that he was likely a security threat based on his behavior (even though I was certain that behavior was brought on by UA's horrendous handling).

I apologize to all on this board. As more video has surfaced, it is clear that he did nothing wrong in this situation other than stand his ground in a desire to remain on board. Whether or not UA had a right to pull him off (I believe they did based on the archaic rules) should not have meant anything at that point. I feel terrible that I even engaged in a defense of anyone other than the passenger.
gold23 is offline  
Old Apr 12, 2017, 4:12 pm
  #4356  
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Originally Posted by leungy18
Looking at the video filmed by the passenger behind Dr. Dao, and the latest reports that these tabloids may have identified the wrong Dr. Dao, it's really disgusting that so many UA defenders on this thread have accused said pax of being "belligerent" and "violent" and a "DYKWIA", tried to excuse UA's actions in this manner.

Incredible.

http://www.wlky.com/article/wlky-tal...flight/9261494

http://www.independent.co.uk/voices/...-a7680221.html
If they indeed identified and smeared the wrong guy, add a couple of millions to the settlement.
nk15 is offline  
Old Apr 12, 2017, 4:12 pm
  #4357  
 
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Originally Posted by 1KChinito
As they say, possession is 9/10th of the law.
That's exactly how I would be thinking. The person in the seat has the advantage. That doesn't always prevail, but it is an advantage.

There have been a couple of times when I've been prepared to take a stand against an abuse, simply because I wasn't in any hurry and I had reached my limit. But then I thought about the employer I represent, and considered the outcomes and not just the process. Dr. Dao had less to lose, I suppose, and I think his calculus is looking pretty good for him at the moment.
Rdenney is offline  
Old Apr 12, 2017, 4:14 pm
  #4358  
 
Join Date: Oct 2016
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Originally Posted by 1KChinito
I doubt that is the end of this case. Some passengers may sue for distress/post traumatic stress disorder.
That you can count on, and they will all receive settlement offers to keep quiet. According to news stories, after the bloodied passenger re-entered, people started to throw their hands up and just walk off before everyone else was removed.

Seeing the video of how "belligerent" this passenger actually was will ruin United's chances of battling this in court. NO WAY will 12 people, most of whom probably have experienced surly FAs and poor service, rule in United's favor.

I'm not a lawyer, but I can tell you that juries in a civil case won't take kindly to being told what is in the CoC- no matter how legal and lawyer-ly it appears or how legally binding it is.

All of the legal speak is fluff in the eyes and ears of any juror. United should realize this.
SeaHawg is offline  
Old Apr 12, 2017, 4:15 pm
  #4359  
 
Join Date: Oct 2009
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Originally Posted by nk15
I think we and everyone else should also be compensated for watching that video 10 times, this was distressing and traumatizing....
I, for one, have developed obsessive compulsive disorder with a need to read flyertalk about this over and over and over... surely I should get some compensation too.
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Old Apr 12, 2017, 4:16 pm
  #4360  
 
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Originally Posted by nk15
I think we and everyone else should also be compensated for watching that video 10 times, this was distressing and traumatizing....
I do not think so. We do not have to watch these videos if we did not want to. But passengers on that plane had no choice. They were there witnessing involuntarily.
1KChinito is online now  
Old Apr 12, 2017, 4:17 pm
  #4361  
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Originally Posted by DrPSB
I, for one, have developed obsessive compulsive disorder with a need to read flyertalk about this over and over and over... surely I should get some compensation too.
Yes, and the three days of our lives we will never get back...
nk15 is offline  
Old Apr 12, 2017, 4:18 pm
  #4362  
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Originally Posted by leungy18
Go in front of a court and tell a jury that "carriage" does not include boarding the airplane.
Juries don't interpret contracts. Contract interpretation is a question of law, and it is done by the judge.
Kacee is offline  
Old Apr 12, 2017, 4:18 pm
  #4363  
 
Join Date: Mar 2010
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Originally Posted by DrPSB
I, for one, have developed obsessive compulsive disorder with a need to read flyertalk about this over and over and over... surely I should get some compensation too.
LOL And FlyerTalk should be compensated for the unusual amount of bandwidth this thread is consuming!
NotSoOftenFlyer is offline  
Old Apr 12, 2017, 4:20 pm
  #4364  
 
Join Date: Nov 2004
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A) this whole thread is about monday morning qb'ing & IANAL theorists.

2) as shown in the latest video, the "dr" didn't start out beligerent but his screaming & ranting minutes later is probably what munoz was refering to the first time.
featheroleather is offline  
Old Apr 12, 2017, 4:20 pm
  #4365  
 
Join Date: Mar 2017
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Originally Posted by DrPSB
I, for one, have developed obsessive compulsive disorder with a need to read flyertalk about this over and over and over... surely I should get some compensation too.
Same

Originally Posted by 1KChinito
I do not think so. We do not have to watch these videos if we did not want to. But passengers on that plane had no choice. They were there witnessing involuntarily.
Considering the number of frivolous lawsuits in the United States, this one might actually have standing. UA (and Chicago Dept of Aviation PD) subjected them to witnessing violent scenes.
leungy18 is offline  


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