Lost baggage

[ehgordon]

I am trying to find precedents for getting around the arilines limitation of libaility of $2500 per checked bag. I know courts have waived these limits 1) if the airline engaged in wilful misconduct in handeling the bad and/or 2) the ariline failed to adhere to its own rules and policies on baggage handling. But I don't have any citations. Are there any legal refrences available on the web that can help? Many thanks, Erik

 

[Michael Wechsler]

Take a look at the limitations on your ticket/baggage claim receipts. You'll see the standards of limitation of their liability. If they go beyond those areas that are covered by the limitation (limited to negligence and/or gross negligence) then they would be fully liable. For example, if the ticket said they will be liable for up to $2,500 per bag for negligence, then an act of gross negligence may make them liable beyond the limitation. The key is to determine whether the conduct falls outside the scope of the limitations specifically set forth in your agreement.