A passenger dragged from a United Airlines plane in Chicago in an incident that sparked international outrage will likely sue the company, his lawyer said on Thursday.
“For a long time airlines, United in particular, have bullied us,” Thomas Demetrio told reporters at a press conference in Chicago, adding: “Will there be a lawsuit? Yeah, probably.”
David Dao, a 69-year-old Vietnamese-American doctor, was hospitalised after Chicago aviation police dragged him from the plane as the airline sought to make space on a flight from the city’s O’Hare International Airport to Louisville, Kentucky.
PR nightmare
The episode turned into a public relations nightmare for the carrier, particularly because of several videos of it taken by other passengers and posted online.
Footage showing Mr Dao being dragged up the plane aisle with a bloodied mouth circulated rapidly, causing public outrage that was not calmed by the airline’s initial response.
Mr Dao is in a strong position as he prepares to launch a legal action, lawyers who represent airlines and passengers said, in part because of the wide public outrage over how the airline acted.
His lawyers filed an emergency request with an Illinois state court on Wednesday to require United Continental Holdings Inc and the City of Chicago to preserve video recordings and other evidence related to Sunday’s incident, a likely precursor to a lawsuit.
“United is looking at a legal claim, but they’re also looking at a huge public relations and business problem,” said Justin Green, a partner at the law firm Kreindler & Kreindler in New York who represents airline passengers.
“I think United, if they’re smart, will quickly and quietly settle the case.”
Torrent of bad publicity
United chief executive Oscar Munoz is under pressure to contain a torrent of bad publicity and calls for boycotts against United, including in China, where people have been angered because Mr Dao is Asian-American.
United shares have lost about 1 per cent of their value since Monday.
Paul Callan, a civil and criminal trial lawyer in New York, said Mr Dao had at least two potential claims against the airline: a personal injury claim for assault and battery, which could also target the police; and a contract claim.
Mr Callan said he had reviewed United’s so-called contract of carriage, the fine print that passengers agree to when they buy tickets. He said while the contract allows United to deny passengers the right to board, it says nothing about removing a passenger from a plane unless the passenger is disruptive.
Deepak Gupta of the law firm Gupta Wessler in Washington, who works on consumer issues, noted there were potential legal roadblocks to a lawsuit.
However, Mr Gupta said, “I think the serious public relations risk to United will give them an incentive to provide a generous settlement.”
Mr Munoz has sought in the last two days to make amends. In a statement on Tuesday he said he “deeply” apologised and was disturbed by what had happened.
On Wednesday, Mr Munoz apologised to Mr Dao, his family and United customers in an ABC News interview, saying the company would no longer use law enforcement officers to remove passengers from overbooked flights.
Kenneth Quinn, a partner at the law firm Pillsbury Winthrop Shaw Pittman in Washington who represents airlines, disputed that Mr Dao had a case.
Mr Quinn said that under the passenger contract, removing Mr Dao from the plane while it was still at the gate was no different from denying him boarding. And once Mr Dao refused to leave, Mr Quinn said, the airline had a reason to use force.
But Mr Quinn said that even without a strong case, Mr Dao would probably walk away with a hefty settlement.
Public opinion
“I think United is likely to be found on legally solid ground, but has already lost in the court of public opinion, and will pay dearly for it,” Mr Quinn said.
Chicago’s Aviation Department said on Wednesday that two more officers had been placed on leave in connection with the incident. One officer was placed on leave on Tuesday.
Reuters