When Dr. David Dao was removed from a United Airlines flight in Chicago last month, the unfortunate incident made waves in social media and news outlets. Grainy images and video from the event are shocking: a bloodied passenger being dragged unceremoniously down the narrow airplane aisle because he refused to give up his seat for a United crew member.
Unsurprisingly, because most people identified with the passenger, the overall public response was almost uniformly against United. The airline did not help its cause in the immediate aftermath of the incident. Its CEO initially issued a statement saying that it was “an upsetting event to all of us here at United,” and apologized only “for having to re-accommodate these customers.” In response, public outrage emanated from thousands of Facebook posts and Twitter feeds.
But, what if United legally had the right to remove Dao from his seat? United’s website has published its contract of carriage, which spells out the rights and obligations of both the airline and its passengers. It contains language that, in certain situations, may allow removal of a passenger from a flight. Because of that language, some commentators have argued that United may have been legally justified in removing Dao from the plane.
Indeed, United’s early response to the incident seemed to lean this way, with a leaked internal memorandum stating, “Our employees followed established procedures for dealing with situations like this.”
However, just because something might be justified legally, it does not mean it is the right thing to do. In the court of public opinion, it matters little whether United had a legal basis for removing Dao from the airplane. Once visual content from the incident began circulating online and in the news, the fine print in United’s passenger contract was rendered more or less irrelevant.
While most businesses may not have to deal with a situation that makes worldwide headlines like United’s, valuable lessons can be learned from it. Looking at an issue solely through a legal lens is not enough. There are many instances where the law might diverge from what many consider common sense or “right and wrong.”
With widespread use of mobile devices and social media, crises can emerge from situations that a decade ago would have passed below the radar. When these events occur, it makes sense to work with both a lawyer and a good public relations person. They should work together to frame and address the legal issues on one hand, and craft an appropriate message to the public within the existing legal framework on the other. Without doing so, even a victory in court could ring hollow.
United appears to have recognized that regardless of whether it had the legal right to remove a passenger, it had already lost its case in the court of public opinion. The company reportedly settled with Dao even before a lawsuit was filed, while issuing several public mea culpas.
Bill Harstad is a partner in the litigation and alternative dispute resolution practice group at Carlsmith Ball LP. He can be reached at wharstad@carlsmith.com.