Aviation law expert Arthur Wolk, the founding partner of the Wolk Law Firm in Philadelphia, thinks Dao could bring a lawsuit in the millions of dollars.
First, Wolk believes
the airline breached its own contract by removing Dao. Having read United's contract of carriage in its entirety, Wolk thinks Dao could sue for assault and battery, intentional infliction of emotional disturbance, and may also have grounds to sue under various civil rights acts, in addition to that breach of contract.
"There is
nothing in that contract that gives United the right to commit an assault and battery on a passenger," he told me over the phone.
"This is
not a denied boarding incident, which is covered by the contract;
this man was already boarded. This is
not an oversold incident, as provided for by the contract;
this airplane was not oversold —
every passenger was ticketed and had a seat.
"This was
not a situation where the passenger was unruly, committed a criminal act, interfered with the flight crew, was incapable of being a passenger by himself or anything of that nature, obviously until they attempted to physically throw him off the airplane.
"So to me,
United Airlines breached their own contract of carriage."