PLA 4861: AVIATION LAW

Due September 18, 2020

IV. TURBULENCE—AIRLINE PASSENGER RIGHTS

Assigned Reading and Review:

 Benjamin Zhang, The Lawyer for the Man Dragged Off a United Flight “Like a Sack of
Potatoes” Wants the Company to Pay, Business Insider, Apr. 24, 2017,
http://www.businessinsider.com/united-airlines-passenger-dao-lawyer-confirms-lawsuit-
2017-4

 Matthew Diebel, United Airline Passenger David Dao was Violent Before Removal,
Aviation Police Say, USA Today, Apr. 25, 2017,
https://www.usatoday.com/story/news/nation/2017/04/25/united-david-dao-police-report-
dragging-incident/100873730/

 Julia Horowitz, United Passenger Dragged Off Plane Has a Strong Legal Case, Experts
Say, CNN Money, Apr. 13, 2017,
http://money.cnn.com/2017/04/13/news/companies/united-legal-issues/index.html

 Joshua Gillin, Did the United Airlines Passenger Have “Every Right” to Stay on the
Plane? PunditFact, Apr. 14, 2017,
http://www.politifact.com/punditfact/statements/2017/apr/14/andrew-napolitano/united-
airlines-passenger-had-every-right-stay-pla/

 Trefor Moss, Budget Carrier AirAsia Targets China, WALL ST. J., June 6, 2017

 United Airlines, Contract of Carriage, https://www.united.com/web/en-

US/content/contract-of-carriage.aspx
Answer the following questions based on United Airline’s Contract of Carriage.

1. What is the definition of “baggage”?

2. Read Jason Silverstein, United Bans Girl from Domestic Flight for Wearing Leggings,
DAILY NEWS, Mar. 26, 2017, https://www.united.com/web/en-US/content/contract-of-
carriage.aspx. Then, applying your answer to question 1, above, respond to the
following: Did United Airlines violate its own policy? Why or why not? If so, what are
the damages to the customer?

3. How are “consequential damages” defined in United’s Contract of Carriage? What does
this mean – in your own words.

4. Is a flight from Buffalo, New York, USA to Toronto, Canada “international” pursuant to
United’s Contract of Carriage? (Hint: See definition of “international sector.”).

5. Is “bumping” defined in United’s Contract of Carriage? If so, what is the definition?

(Hint: Oversales.)

6. What relationship exists between United Airlines, Inc. and United Express? Explain in
detail.

7. As a follow-up to question 6, above, who cares? Why is the relationship between United
Airlines, Inc. and United Express important? (Hint: Think about the Dr. Dao case.)

8. Is United Airlines permitted to refuse to transport pregnant passengers under its Contract
of Carriage? Explain why or why not.

9. Is United Airlines permitted to refuse to transport blind or deaf passengers under its
Contract of Carriage? Explain why or why not.

10. What about “malodorous” passengers – is the airline permitted to refuse their
transportation? Explain, including detailing if any exceptions apply.

11. Imagine that you represent United Airlines, Inc. Given Rule 21of the airline’s Contract
of Carriage, was the carrier justified in refusing to transport Dr. Dao? Explain in detail.

12. What is a “force majeure event”? Provide three examples.

13. Under what conditions will United accept the transportation of “service animals”?

14. Read Rule 30 (“Consent to Use of Personal Data”) and explain, in your own words, what
this means?

15. Have you ever (before now) read a contract of carriage before flying commercially?
Why or why not? Is it important to do so?