LogFAQs > #876981522

Jen0125 posted...

the issue that you are failing to see is that failure to follow a contract is not a valid reason to assault someone.

Oh I agree wholeheartedly. The passenger may (should) have a case against the airport security people. I'm talking about the airline itself.

Jen0125 posted...

here's what his attorney will argue: is it reasonable to expect the average person to read the fine print on their ticket, especially if they are not prompted to sign to verify they have read it? AND even if that contract is in place, does it define that you can be forcibly removed by airport security if you refuse to give up your seat? AND even if it does say you can be forcibly removed is it reasonable to expect that you will receive bodily injury from airport security?

I'm with you on the bolded part, but I think technicalities will favor the airline on everything not bolded. You know how you go to a baseball game? When you get a ticket and enter a ballpark, you assume all responsibility of risk of damage by bats, balls, or whatever else. But you don't have to sign anything to verify you read it. The contract is in place via the purchase of your ticket. It's a similar setup here - your contract with the airline is in place when you purchase the ticket. Now, I don't know what the fine print/contract/terms and conditions say about the potential for being asked to deplane. Those details will likely come to light as the events unfold.

The airline attorney can say yes, it is absolutely reasonable to expect people to read what they're signing up for. I personally don't agree that everyone should read every word of those massive documents just because I want to sign up for a freaking itunes account. But legally, the technicality favors them if it's written somewhere (baseball, it's on ticket stubs, for example - I would be shocked if it wasn't somewhere on the airline's website, even in 2 point font at the bottom of the page).

And again, as far as airport security removing you is concerned, I don't know what the T&C says about potential removal.

Jen0125 posted...

keep in mind airport security are not actual police officers. their scope of what is within their right to do is much more legally limited.

I'm with you on this bit. The security should absolutely be held accountable.

Peterass posted...

Airline should have offered more $ to find a volunteer.

I agree wholeheartedly. You just keep raising the bar until someone bites. I think they have some limit of like $800 or $1000, but they should have called corporate and gotten them involved.

I bet $2k looks pretty cheap now in comparison to this debacle
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