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Comment by positivejam | Hacker News Reader

Re: the notion that "airlines bump people all the time", there are those arguing that while it is indeed lawful and routine for airlines to bump passengers due to overbooking, this was not a case of overbooking, and once a passenger has taken their seat they have very different rights than when they are still waiting to board the plane. I am by no means an expert, but I found this article (posted on HN yesterday) to be illuminating: http://www.nakedcapitalism.com/2017/04/united-passenger-remo...

Basically, this wasn't just poor customer service, it was a violation of rules.

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As I understand it they followed the procedures and rules just as they are defined and in the law. Had the guy willfully gotten out of his seat he would have been compensated the "involuntary bumping" rate that is set by the Dept of Transportation.

But the fact that United got to that point is the problem. They had the option to offer more money for volunteers, they even had the option to find a different flight for their employees, or maybe send them on a cab ride instead (one passenger in the video even pointed this out while it was happening). Of course, the excessive use of force is on the police and they should be the ones outside of the law on this one, I don't believe being loud in that situation warrants you get a concussion, that's just wrong.

As I understand it, it's unclear whether they followed procedures and the law. The law and procedures governing oversales allow "involuntarily denied boarding" if there aren't enough seats. However, a completely different section of the contract governs the circumstances under which a passenger may be removed from a plane, and that basically comes down to safety.

Some people argue that "boarding" continues until the plane is in the air and that the airline can execute their right to involuntarily "denying boarding" to any passenger up to that point. Others argue that the plain meaning of the word means that once you are "aboard" the aircraft, you can no longer (legally) deny someone boarding. They argue that since the contract of carriage does not define "boarding", it must be construed to have the plain language meaning (as in the United CEO in his statement saying that "the flight was fully boarded".)

Airlines may do it all the time but, as far as I can tell, a court has never ruled on when "denying boarding" ends and "removal from aircraft" starts. Maybe now we will find out.

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