People are roasting United Airlines after a passenger was dragged off a plane – the video is hilarious. Now, since yesterday, the news media has been busy victim-blaming. So, an elderly man had psychiatric problems so…the airline tried to force him off the flight so they could fly staff in his place and…he freaked out so…they beat the snot out of him and dragged him from the plane violently! The chances of this victim winning big in court is rising, not falling and I will explain why.
The Daily Mail carries all the dirty dope about the victim of this assault in order to defame him…this used to happen to rape victims and was made illegal. My husband has brain damage from work and he is rather fragile. Corporations doing nasty and upsetting things to people they want to push around have to be very careful not to do it to someone who is medically unstable.
I have to worry about this, myself, for my husband can easily freak out if he is pushed around, he has no ability to control this except medications and of course, avoiding danger. This is why I cannot fly anywhere, any time with him.
Many people who fly on planes can do this with proper medicine and things going well. To suddenly make draconian demands on a person who is ‘fragile’ and being elderly and on medication is ‘fragile’ for no good reasons except the airlines want to push people around for the hell of it, is dangerous. The airline has an unstated but very real obligation to not deliberately destroy their clientele.
It is understood that airlines are the hosts of their passengers and have to show something we call ‘consideration.’ Once the passenger gets into a seat and the luggage is in the hold, only under the most dire conditions should they be inconvenienced. That is, if it is AVOIDABLE, don’t do it.
The airline wanted to move staff around. This is not an emergency, instead of holding four seats empty on flights for staff, they sell all seats and then inconvenience travelers by bumping them before they board. This is very rude, nasty and disgusting but they get away with this—so far!
But removing customers who are already on the flight is much more dire than denying entry. That is, the oldest concept of ownership: the passenger is already in POSSESSION of the property. Now, one has to do what is called ‘an eviction’. This process can become violent if the possessor has rights being violated and they resist removal.
People get killed in these situations. I have evicted people in the past, these are dead beats who don’t pay up or go when the deal is done. In the case of the airlines versus the passenger, he paid up, he was in possession and they changed the deal with no realistic negotiations and then suddenly and illegally decided to physically fight him and remove him…for their own convenience, not due to some danger that had to be taken care of or else people would die, for example.
I am certain this victim’s lawyers will be arguing their case along these lines. The emotional appeal, talking about the news media abuse and the airline’s president telling staff they did nothing wrong, the abuse ongoing in the media will make the victim’s case stronger, not weaker.
If a rape victim is accused of having voluntary sex and thus, can’t be a rape victim, this sort of defamation of character is frowned upon these days. And about time, too. If this victim had previously picked deliberate fights to sue airlines or anyone, this can be brought up at trial but obviously, he has no record of this sort of activity so…defaming him is going to backfire, badly.
At no point did this passenger attack the staff. He did hang onto his seat which he has a legal right to do since he paid for it honestly and was seated there by staff and had his seat belt on already which is also not only legal but recommended. I always, at all times, wear seat belts when flying due to turbulence possibilities.
So, to overcome the legal standing of the passenger, all the airlines could do was beg him to do as they asked and to give him positive goodies to go along with what they wanted. They offered future tickets to him which he rejected which ended the bidding war. After that, they had to ask someone else if they wanted this, it ended his participation in the bidding war.
They did not do this, they unilaterally decided to attack him and remove him even…if it meant KILLING him. He could have easily died when they slammed him around! He may even have brain damage now due to mishandling him. He is still in the hospital. This is entirely, totally and utterly the fault of the air line staff and policies and they need to be punished with a huge fine as well as paying their victim a tremendous sum of money so they won’t be tempted to do this again to anyone.
If the victim’s mental state has deteriorated due to this assault, the air lines, not the victim, is responsible and this is very expensive, my husband’s brain injury is terrible and the state of New York who hired the people who screwed up, has already paid well over $5 million in healthcare for my husband and the price rises every year he is alive and I intend to keep him alive as long as humanly possible.
This is why ‘big wins’ when one has brain damage and other things, isn’t a big win. Keeping victims alive can be very expensive which is why I didn’t settle with the state for a limited amount of money, we carefully chose to have the ‘lifetime care’ choice and I and my husband are quite happy we did it this way.
We did go to trial, by the way, and at one trial, the state’s lawyer started off by telling the judge that my husband was already disabled when hired and…the judge’s jaw dropped…my lawyer nearly died laughing…the state’s lawyer thought attacking my husband for being disabled would mean the state would win backfired tremendously, the judge confirmed my husband was disabled to begin with and then made MORE disabled…so after only 5 minutes of trial, he ruled against the state and for my husband.
At another trial, the lawyer told the judge we were living in a TENT which was true, while suing because I had to care for him and not work and…that ended in 5 minutes, too. The judge even sent a clerk to our tent to check it out and we got $68,000 check hand delivered and the judge said to me, ‘Have fun building your new home’ which I did.
So…I have a lot of experience with how courts work. If the air lines is very stupid, they will fight in court. But I assume their lawyers will beg them not to do this and they will settle out of court.