A lawyer representing the man who was forcibly dragged off a United Airlines flight earlier this week said he is likely to sue the airline after he suffered serious injuries from the incident.
The lawyer, Thomas Demetrio, said the airline has "bullied" passengers for a long time and he will "probably" file a lawsuit on behalf of Dr. David Dao, who will now have to undergo surgery to correct the injuries he sustained.
Demetrio said Dao will need reconstructive surgery to fix a broken nose and two lost teeth. Dao suffered a concussion during the altercation with police, Demetrio said, but he has already been released from the hospital.
The incident took place Sunday when Dao, 69, of Elizabethtown, Kentucky refused to give up his seat on a full flight from Chicago to Louisville.
Cellphone video of the altercation shows Dao, limp and bleeding from a facial wound, being dragged from a United Airlines flight by three police officers at Chicago's O'Hare International Airport.
On Wednesday, Dao's lawyers filed preliminary paperwork asking an Illinois state court to order United to preserve video recordings and other evidence related to the incident.
The lawyers want United and the city of Chicago, which oversees the airport, to preserve surveillance videos, cockpit voice recordings, passenger and crew lists, and other materials related to the flight.
The treatment of Dr. Dao prompted outrage and scorn on social media, and anger among some of the passengers on the flight as he was evicted.
The incident risks a backlash against United from passengers who could boycott the airline as the busy summer travel season is about to begin. For Chicago, it is another public relations nightmare, adding to its reputation as a city unable to curb a crime wave in some neighborhoods, which President Donald Trump has highlighted with critical tweets.
The outrageous incident spiraled out of control from a common air travel issue - an overbooked flight. United was trying to make room for four employees of a partner airline, meaning four people had to get off the flight to Louisville.
At first, the airline asked for volunteers, offering $400 and then when that didn't work, $800 per passenger to relinquish a seat. When no one voluntarily came forward, United selected four passengers at random.
Three deplaned but the fourth, a man who said he was a doctor and needed to get home to treat patients on Monday, refused.
Three men, identified later as city aviation department security officers, got on the plane. Two officers tried to reason with the man before a third came aboard and pointed at the man "basically saying, 'Sir, you have to get off the plane,' " said Tyler Bridges, a passenger whose wife, Audra D. Bridges, posted a video on Facebook.
One of the security officers could be seen grabbing the screaming man from his window seat, across the armrest and dragging him down the aisle by his arms.
Other passengers on Flight 3411 are heard saying, "Please, my God," "What are you doing?" "This is wrong," "Look at what you did to him" and "Busted his lip."
"We almost felt like we were being taken hostage," said Tyler Bridges. "We were stuck there. You can't do anything as a traveler. You're relying on the airline."
United Airlines' parent company CEO Oscar Munoz late Monday issued a letter defending his employees, saying the passenger was being "disruptive and belligerent."
While Munoz said he was "upset" to see and hear what happened, "our employees followed established procedures for dealing with situations like this."
Chicago's aviation department said the security officer who grabbed the passenger had been placed on leave.
"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," the department said in a statement.
After a three-hour delay, United Express Flight 3411 took off without the man aboard.
Airlines are allowed to sell more tickets than seats on the plane, and they routinely overbook flights because some people do not show up.
It's not unusual for airlines to offer travel vouchers to encourage people to give up their seats, and there are no rules for the process. When an airline demands that a passenger give up a seat, the airline is required to pay double the passenger's one-way fare, up to $675 provided the passenger is put on a flight that arrives within one to two hours of the original. The compensation rises to four times the ticket price, up to $1,350, for longer delays.
When they bump passengers, airlines are required to give those passengers a written description of their compensation rights.
Last year, United forced 3,765 people off oversold flights and another 62,895 United passengers volunteered to give up their seats, probably in exchange for travel vouchers. That's out of more than 86 million people who boarded a United flight in 2016, according to government figures. United ranks in the middle of U.S. carriers when it comes to bumping passengers.
ExpressJet, which operates flights under the United Express, American Eagle and Delta Connection names, had the highest rate of bumping passengers last year. Among the largest carriers, Southwest Airlines had the highest rate, followed by JetBlue Airways.
In a related development, United Airlines Chief Executive Officer Oscar Munoz took to the airwaves last Wednesday in an attempt to quell the outrage over Sunday's forced removal of a passenger, vowing that kind of incident "will never happen again."
Facing mounting pressure, Munoz was much more contrite in an interview with ABC News, apologizing profusely to Dr. David Dao and promising that security officers will no longer be used to remove passengers. "We can't do that," he said.
The tone of Munoz's remarks contrasted sharply with some of his previous statements criticized as perfunctory - including one in which he called Dao "belligerent and disruptive."