What to know about your rights as an airline passenger

After passengers on a United Airlines flight recorded video of a man being dragged off the plane, viewers watched and asked about their rights as airline passengers.

KIRO 7 spoke to an aviation attorney to get some questions answered.

Q: Can an airline kick me off a plane if they’re oversold?

Yes. If an airline doesn’t get enough volunteers to take a later flight, it can choose people to leave involuntarily. However, Attorney Alisa Brodkowitz said, “An airline cannot forcibly remove you from your seat without real justification.” She added that passengers have a right not to be assaulted or touched without permission.

Brodkowitz also questions whether this particular situation could qualify as the flight being “oversold.”

According to United Airlines’ contract of carriage, “(An) Oversold Flight means a flight where there are more Passengers holding valid confirmed Tickets that check-in for the flight within the prescribed check-in time than there are available seats.”

Brodkowitz said if the airline was removing people in order to make room for crew members, one could argue this was not an “oversold” situation.

Q: If I’m forced to take a later flight, how much money am I entitled to?

Federal law states that if you are involuntarily bumped off your flight, your compensation depends on how soon the airline can get you to your destination.

If the airline gets you to your destination within an hour of your original arrival time, the airline does not owe you any money.

If the airline schedules you to arrive between one and two hours of your original arrival time, the airline owes you 200 percent of your one-way fare, up to $675.

If the airline schedules you to your destination more than two hours after your original arrival time, the airline owes you 400 percent of your one-way fare, up to $1,350.

Q: How do airlines choose people to bump?

United Airlines wrote this in their contract of carriage:

“Passengers who are Qualified Individuals with Disabilities, unaccompanied minors under the age of 18 years, or minors between the ages of 5 to 15 years who use the unaccompanied minor service, will be the last to be involuntarily denied boarding if it is determined by UA that such denial would constitute a hardship.

"The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment.”

Q: What would the Port of Seattle do in a similar situation?

A Port of Seattle spokesperson told KIRO 7 that Port of Seattle police have never forcibly removed someone from a plane for ticketing issues, although they have had to do so in the past for unruly passengers.

Port of Seattle police said they make it a priority to always de-escalate a situation, including helping the various parties come to an agreement. They would only use force as a last resort.

Q: What laws protect me as a passenger?

The ‘passenger bill of rights’ is included in federal transportation law and covers issues related to delayed flights, overbooking, and fares.

Aviation Attorney Alisa Brodkowitz said there is also the “common carrier law.” A passenger is relinquishing all control when he or she boards a plane. The passenger is dependent on the pilots and flight crew.

“Because you relinquish this control, the duty under the law is that they owe you the highest duty of care,” Brodkowitz said.

In this case, the passenger was injured during the scuffle with airport security.

Q: Has anyone gotten in trouble after this incident?

The Chicago Department of Aviation, whose officers removed the man from the flight, gave KIRO 7 this statement:

“The incident on United flight 3411 was not in accordance with our standard operating procedure and the actions of the aviation security officer are obviously not condoned by the Department.  That officer has been placed on leave effective today pending a thorough review of the situation.”

Cox Media Group