Sponsor Message:
Civil Aviation Forum
My Starred Topics | Profile | New Topic | Forum Index | Help | Search 
Woman Sues AA For $5M For Lost Bag  
User currently offlinethegreatRDU From United States of America, joined Mar 2006, 2311 posts, RR: 4
Posted (4 years 4 months 1 week 3 days 3 hours ago) and read 17928 times:

Danielle Covarrubias was understandably upset when she discovered that American Airlines had lost her suitcase, but she became really mad when the airline then refused to refund her $25 baggage fee. That's when she decided to sue American Airlines for $5 million.
Washington state woman filled the lawsuit after American Airlines lost her bag.
The class action lawsuit, filed on behalf of Covarrubias of Pierce County, Wash., is the first since American Airlines started to charge a fee for handling and transporting luggage in June 2008, according to industry experts. The airline was the first major carrier to impose such fees.
The case stems from a flight Covarrubias, who lives in Pierce County, Wash., took from Seattle to Grand Rapids, Mich., last May. She paid a $25 fee for her lone piece of luggage but the bag never arrived at its final destination.
"This case … is about an entire industry that has lost touch with its customers," Casey Ingels, one of Covarrubias' lawyers, said in a statement.
Covarrubias, 35, waited for the next flight to arrive but her bag -- with more than $800 of her possessions -- wasn't on it, court papers said. She spent more than $300 on new clothing and toiletries and then waited another 24 hours for news from the airline. "In her last conversation with American Airlines … she was told nothing could be done," the lawsuit said. The airline refused her demand for a refund of the baggage fee.

http://abcnews.go.com/Business/Trave...ggage-fee/story?id=11215965&page=1
I think this is frivolous...hopefully she doesn't get a dime...


Our Returning Champion
135 replies: All unread, showing first 25:
 
User currently offlineElevated From United States of America, joined Feb 2010, 296 posts, RR: 1
Reply 1, posted (4 years 4 months 1 week 3 days 3 hours ago) and read 17931 times:

I have better odds of winning the lottery and getting $5 million than for a lost bag.


Too bad my "Crew" bag flies with me at all times in the O/H bins!


User currently offlineCubsrule From United States of America, joined May 2004, 23229 posts, RR: 20
Reply 2, posted (4 years 4 months 1 week 3 days 3 hours ago) and read 17814 times:

Quoting thegreatRDU (Thread starter):
I think this is frivolous...hopefully she doesn't get a dime...

Assuming she didn't get her bag fee refunded (which isn't at all clear), how is her claim frivolous?



I can't decide whether I miss the tulip or the bowling shoe more
User currently offlineLtbewr From United States of America, joined Jan 2004, 13170 posts, RR: 15
Reply 3, posted (4 years 4 months 1 week 3 days 3 hours ago) and read 17796 times:

Finally, someone has enough guts to challange a growing problem. You pay a fee to have your bags transported. You should expect that if not delivered either with the flight you are on or a reasonable time thereafter (next flight, etc) and if not, then the fee should be refunded.

User currently offlineweb500sjc From United States of America, joined Sep 2009, 749 posts, RR: 0
Reply 4, posted (4 years 4 months 1 week 3 days 3 hours ago) and read 17761 times:
Support Airliners.net - become a First Class Member!

It is a class action lawsuit. Who wre the other plantifs?


AA should have refunded the fee and payed for the replacement clothes and such. If you are goin to charge for a service-compleat the service. Isn't it law in Europe that you get payed for what was in the bag up to a certin amount? Maybe we should have that law in the us.



Boiler Up!
User currently offlinecf6ppe From United States of America, joined Mar 2006, 352 posts, RR: 0
Reply 5, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17661 times:

Quoting web500sjc (Reply 4):
It is a class action lawsuit. Who wre the other plantifs?


All of the folks that paid the baggage service fees and whose bags don't come down the belt for the same flight and / or that are never found. The company - i.e., AA in this case, or the other airline companies - will find that it is much cheaper to take care of the customer face to face (with a smile, regardless) than to handle a litigious suit....

I look at the $5M as an eye opener amount. You never ask for $5 and expect to get $1000...., got it...??


User currently offlinepeanuts From Netherlands, joined Dec 2009, 1442 posts, RR: 4
Reply 6, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17628 times:

The lawsuit does not appear to be frivolous at all. The amount of it should certainly draw the attention of the airlines, rightfully so...
To have over 2 million mishandled bags in the US alone in a year is just crazy. Nothing will get really done until there is a price tag attached to the problem and an "incentive" for the airlines to change their ways. Good for her, and her lawyers.



Question Conventional Wisdom. While not all commonly held beliefs are wrong…all should be questioned.
User currently offlineweb500sjc From United States of America, joined Sep 2009, 749 posts, RR: 0
Reply 7, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17579 times:
Support Airliners.net - become a First Class Member!

Quoting cf6ppe (Reply 5):
I look at the $5M as an eye opener amount. You never ask for $5 and expect to get $1000...., got it...??

Great but don't the other people that paid the fee and got the bag lost get some of that money?

Quoting peanuts (Reply 6):
To have over 2 million mishandled bags in the US alone in a year is just crazy. Nothing will get really done until there is a price tag attached to the problem and an "incentive" for the airlines to change their ways. Good for her, and her lawyers.

What happens to the bags that get cheeked for free, such as elite bags...



Boiler Up!
User currently offlineBoiler905 From United States of America, joined Apr 2010, 47 posts, RR: 0
Reply 8, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17555 times:

Quoting thegreatRDU (Thread starter):
I think this is frivolous...hopefully she doesn't get a dime...

But this is America! You sue EVERYONE... for EVERYTHING... EVERY TIME.

  



Boiler Up
User currently offlineolympic472 From United States of America, joined Jun 2008, 471 posts, RR: 0
Reply 9, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17506 times:

Didn't the same American Airlines lose the Glocks and other weaponry of the Israeli Prime Minister last month?

A contract is a contract, so AA should have dealt with the loss fairly.
When someone pay to ship a package by DHL is it fair to expect that the package arrives at its intended destination.



Civil Aviation has a "Need for Speed"!
User currently onlineckfred From United States of America, joined Apr 2001, 5297 posts, RR: 1
Reply 10, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17488 times:

First, as an AMR shareholder, I hope she wins, or at least is offered a hefty settlement.

Second, it's common practice to refund a customer his or her money, when he doesn't get what he paid for. Once, I sent some clothes back to Lands' End. From suburban Chicago to Dodgeville, WI, it's supposed to take 2 days with UPS ground. It took 8 days, because the package made a side trip to Las Vegas, NV. I got a partial refund from UPS.

Third, years ago, railroads used to charge an extra fee for their best train, such as the Super Chief on the Santa Fe, the Broadway Limited on the Pennsylvania, and the 20th Centruy Limited on the New York Central. Because of the extra fare, the railroads made every effort to get these trains to their destinations on time. If the train was late, the railroad would refund part of the extra fare.

Fourth, Congress is looking into the matter and is proposing that airlines must refund baggage fees, if bags are lost, badly damaged, or if items packed in bags go missing.

It seems to me that if a passenger decides to check his bag and pay the fee, rather than carry the bag into the cabin, then the airline should refund the money, if the bag doesn't arrive with the passenger, or at the very least doesn't get the bag to the passenger that evening.

But here comes the problem for AA. With the changes in calculating weight and balance, AA winds up weight restricting the Embrears. This is especially true, on longer flights or if the weather requires a larger fuel reserve. So, AA does a lot of bumping of bags, and even passengers, off of Embrears. So, if refunding fees for lost bags becomes law, this will be a problem for AA.


User currently offlineMir From United States of America, joined Jan 2004, 21804 posts, RR: 55
Reply 11, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17471 times:

Quoting thegreatRDU (Thread starter):
I think this is frivolous...hopefully she doesn't get a dime...

Would you agree that she should at least get her baggage fee refunded? AA didn't want to do the right thing (and the very simple and sensible thing), so they get sued. I've seen far more frivolous suits than this one.

-Mir



7 billion, one nation, imagination...it's a beautiful day
User currently offlineiliribdl From Germany, joined May 2007, 1205 posts, RR: 14
Reply 12, posted (4 years 4 months 1 week 3 days 2 hours ago) and read 17463 times:

Quoting ckfred (Reply 10):
Second, it's common practice to refund a customer his or her money, when he doesn't get what he paid for.

The charge for baggage doesn't guarantee the bag(s) will get to final destination in time. All you're doing is paying the transit fee, you have to remember there will be delays, cancellations, human error, etc etc etc.



delta.com
User currently offlineAirportugal310 From United States of America, joined Apr 2004, 3687 posts, RR: 2
Reply 13, posted (4 years 4 months 1 week 3 days 1 hour ago) and read 17270 times:

Quoting iliribdl (Reply 12):
The charge for baggage doesn't guarantee the bag(s) will get to final destination in time. All you're doing is paying the transit fee, you have to remember there will be delays, cancellations, human error, etc etc etc.

Well too bad, it should. Paying for a service generally means you get something in return. In this case, you pay to have your bag transported and thus, you should get your bag in return.

Let's all face it...if this happened to any one of you, you would all be angry too.

To pay for something and not get its value back in return is just bad business.



I sell airplanes and airplane accessories
User currently offlineDl767captain From United States of America, joined Mar 2007, 2539 posts, RR: 0
Reply 14, posted (4 years 4 months 1 week 3 days 1 hour ago) and read 17240 times:

Class action lawsuits just make the lawyers rich. I do agree that if your charged for a bag and it isn't delivered it should be refunded.

User currently offlinethegreatRDU From United States of America, joined Mar 2006, 2311 posts, RR: 4
Reply 15, posted (4 years 4 months 1 week 3 days 1 hour ago) and read 17240 times:

You guys are right I keep forgetting that she did not get her bag fee refunded...
What's congress gonna due now...   



Our Returning Champion
User currently offlineindolikaa From United States of America, joined Dec 2007, 161 posts, RR: 0
Reply 16, posted (4 years 4 months 1 week 3 days 1 hour ago) and read 17182 times:

Quoting ckfred (Reply 10):
Fourth, Congress is looking into the matter and is proposing that airlines must refund baggage fees, if bags are lost, badly damaged, or if items packed in bags go missing.

That Congress would have to get involved in something like this is pathetic.

However, the $5 million may be too low for a class-action award.

Since the fee was introduced, multiply 25 by the number of bags AA has lost, severely damaged or fleeced. That would be your base award for the class. Now take 10% of that number, divide it by the number of people who would theoretically qualify, and that's your individual award for each member of the class. I'm guessing that number will be about 10¢.

The remaining 90% of the award will go to the attorneys, who will bilk another 33% of that award from AA as just and fair compensation for litigating something that should not have been litigated in the first place. AA will pay what is really nothing more than a pittance of their actual revenue stream, the attorneys will buy another island in the South Pacific, and Congress will pass a few laws and establish a $50 billion bureaucracy to ensure AA does the absolute bare minimum in the future to satisfy a baggage claim. The funding for this scheme will be "offset" by a reduction in Medicare payments to doctors and a "short-term loan" from the Social Security trust, the White House will claim 17 million jobs were created in the process, and AA will increase their checked bag fee to $50 and reduce allowable dimensions and weight to 9 cubic inches and 2 pounds respectively. A cost of doing business in a heavily regulated world, you understand.

Tell me I'm wrong. I dare you.



Vote for Pedro
User currently offlineDocLightning From United States of America, joined Nov 2005, 20249 posts, RR: 59
Reply 17, posted (4 years 4 months 1 week 3 days ago) and read 17069 times:

Quoting Mir (Reply 11):

Would you agree that she should at least get her baggage fee refunded? AA didn't want to do the right thing (and the very simple and sensible thing), so they get sued. I've seen far more frivolous suits than this one.

Bingo. AA could have parted with $25. Even if they win this suit, they are going to have to part with a lot more than $25 in legal fees.

And, if this goes to a jury trial, I am pretty darned sure that the AA lawyers are going to have a very tough time finding a sympathetic jury. Americans are getting fed up with the airlines.

Not only do I agree that this suit has merit, but I think she's going to win.


User currently offlinedlphoenix From United States of America, joined Aug 2007, 420 posts, RR: 0
Reply 18, posted (4 years 4 months 1 week 3 days ago) and read 16996 times:

Quoting iliribdl (Reply 12):
The charge for baggage doesn't guarantee the bag(s) will get to final destination in time. All you're doing is paying the transit fee, you have to remember there will be delays, cancellations, human error, etc etc etc.

The airline is responsible for handling all those risks.

As soon as the service provider charged you for a service they are liable. Most service providers make you accept heaps of fine print absolving them for any responsibility (In the airlines world those are called contract of carriage). Not all of them are accepted when a dispute ends up in court.

Quoting thegreatRDU (Thread starter):
I think this is frivolous...hopefully she doesn't get a dime...

They will get quite a few dimes, AA can not afford the risk of losing the case, and the legal fee will probably exceed the $1M even if they win. I believe they will settle, I hope they don't (We need a court ruling to remind the airlines that they belong to a service industry).

DLP


User currently offlineDl767captain From United States of America, joined Mar 2007, 2539 posts, RR: 0
Reply 19, posted (4 years 4 months 1 week 2 days 23 hours ago) and read 16860 times:

Quoting indolikaa (Reply 16):
hat Congress would have to get involved in something like this is pathetic.

if they can get involved in something like steroids in baseball or writing open letters to Apple demanding they do something about their iPhone it wouldn't surprise me if the got involved in something like this.


User currently offlineDocLightning From United States of America, joined Nov 2005, 20249 posts, RR: 59
Reply 20, posted (4 years 4 months 1 week 2 days 23 hours ago) and read 16809 times:

Quoting dlphoenix (Reply 18):
(We need a court ruling to remind the airlines that they belong to a service industry).

Nothing to do with service.

If I charge you for a service and I do not deliver, then I am in breach of contract. I am legally obligated to refund the fee.

In the past, contracts in which the customer waives this right have been struck down by the courts.


User currently offlinePanHAM From Germany, joined May 2005, 9676 posts, RR: 31
Reply 21, posted (4 years 4 months 1 week 2 days 22 hours ago) and read 16687 times:

This was a domestic service so things might be different. However concerning the "money back" on the baggage fee, if the conditions of contract do not offer such a guarantee in case the bags do not arrive, then she is not entitled to get anything back. If the suitcase is lost, the coc govern the compensation for the loss of her damages. Internationally, this is a per kilo rate and if the contents were US$ 800,00 she might very well get the full money's worth.

People emter contracts many times every day. Most are without paperwork but in case of air transportation, the coc comes with the ticket. It does not always work out well, suitcases get delayed or lost every day. A 5 million dollar law suit is gross and totally unfounded.



E's passed on! That parrot is no more! He has ceased to be! E's expired and gone to meet 'is maker!
User currently offlinem404 From United States of America, joined Nov 2003, 2229 posts, RR: 5
Reply 22, posted (4 years 4 months 1 week 2 days 21 hours ago) and read 16586 times:
Support Airliners.net - become a First Class Member!

As a ramper for the last 23 years of my career for a major airline I completly agree that she should get the fee returned. It's simple. The airline charged her to carry her bag to a specific destination at a specific time even though American (and all others) will argue the fee simply was "to check a bag" so or because she could not carry it onboard. No matter; she didn't get the bag.

Why do I support this other than the above? I've seen the way carriers are abandoning what was a business wide practice of forever upgrading their baggage systems and ways to track them. Many times its not the hard and software that's let deteriorate but the proper training and management of the staff that actually work the system. In many instances staff that really knew the system were replaced by part time and/or third party low bidders. Airlines let a brief hope among their staff that money earned from baggage fees would build the system but it soon was quashed in the general fund and used to produce the first profits in years. So in this case the companies should refund that fee and make them pay attention to the increasing number of lost baqs their decisons are responsible for. Lets hope that profits can motivate this finally.



Less sarcasm and more thought equal better understanding
User currently offlineBurkhard From Germany, joined Nov 2006, 4405 posts, RR: 2
Reply 23, posted (4 years 4 months 1 week 2 days 21 hours ago) and read 16571 times:

Quoting ckfred (Reply 10):
But here comes the problem for AA. With the changes in calculating weight and balance, AA winds up weight restricting the Embrears. This is especially true, on longer flights or if the weather requires a larger fuel reserve. So, AA does a lot of bumping of bags, and even passengers, off of Embrears. So, if refunding fees for lost bags becomes law, this will be a problem for AA.

I don't understand this. I can understand the luggage cannot be transported on the plane. But it still must be somewhere, containing a unique identifier and every service today has a tracking system to tell you where you are. My mother in law came from LIMA to FRA via Caracas. She arrived without luggage, but the ground agent at FRA was able to tell her
a) your suitcase is in CCS in shelf # xxx
b) it is likely to be delivered to your home in 2 days at around 8:30 in the morning ( it arrived 7:50).

An airline that is not able to track the luggage should just be grounded until they get their minimal stuff together - or they start to loose weapons and next a nuke maybe.
Still there may be holes, and it must be clear what is the liability of the airline in this case.


User currently offlineMingToo From Zimbabwe, joined Jun 2009, 464 posts, RR: 1
Reply 24, posted (4 years 4 months 1 week 2 days 21 hours ago) and read 16521 times:

There would be an additional option in the UK (not sure about elsewhere).

If you pay for goods or services on a credit card and they are not delivered, then you can claim against the credit card company as well as the supplier of the goods (in fact, you can just claim against them regardless of whether you claim against the supplier. There is a minimum of 100 GBP though.

http://www.consumerdirect.gov.uk/aft.../template-letters/consumer_credit/

It's worth doing in addition to writing to the airline requesting a refund. Plus if enough people do it, then the credit card companies will themselves apply some pressure to get rid of the headache (like give airlines a discount on the transaction cost if they make the problem go away).


25 callumm92 : Isn't this a bit excessive and completely ridiculous? OK, go and sue AA - that's fine. But where on earth did the figure of $5 million come from? Acco
26 Woof : She wouldn't - it's a class action suit so they have estimated the number of people affected by the same issue with AA and multiplied it by an averag
27 Aaron747 : Both sides are in the wrong. AA needs to refund her fee and if they really want to do the right thing, compensate her for a new suitcase. Other than
28 UAL747DEN : I disagree I'm with you! As an employee of an airline who makes a significant amount of money from these fees, and someone who agrees that passengers
29 Post contains links and images BD338 : something doesn't smell right here, AA has a mechanism for claiming a refund on the bag fee but it is unclear if she even claimed this, the article ta
30 seabosdca : The article says in two places that she requested a refund. If she requested a refund from airline staff but didn't end up going through the right pr
31 USAir330 : I'm with the majority here. She should get more than what was in the bag after being given the run around.
32 par13del : The airline in a court trial would have to rely on the law and conditions of contract, meaning a technical decision not a sympathetic one, the judge
33 par13del : Neglected to remove the last few words - one cannot b.
34 Kaiarahi : How would you feel if your dentist told you that his fee covers the time you spend sitting in the chair; while you are sitting there, he will attempt
35 Post contains images fxramper : Hope they award her 5x the amount she is seeking. Mostly likely will result in an out of court settlement and for a hell of a lot more than the $25 ba
36 Post contains images nwaesc : DL doesn't even teach city codes to it's new hire ramp staff anymore...
37 fsnuffer : And you forgot to mention theft. Until airlines are held accountable they will do nothing to improve this.
38 AAExecPlat : This lawsuit has merit, will be heard by a judge, and AA will lose. As a result of precedent, all airlines charging bag fees will have to include a cl
39 Lufthansa411 : A problem with that argument cropped up the day when airlines started charging for checked baggage. When baggage was no charge to check, the airlines
40 Post contains images haggisman : I don't believe the suit is frivolous - and I hope they settle with her (for substantially less than $5M). What is the point of AA collecting a $25 ba
41 Post contains images par13del : Before designer jeans, bags, shoes, underwear and high end toothpaste that was probably true. It's an additional topic but pax have been complaining
42 wahdadli : SLOW DOWN PEOPLES..... not nearly enough information... Did she ever get her bag? The contract (the ones I have seen, non from AA) with airlines clear
43 Cubsrule : Why? Isn't that exactly how the class action system is supposed to work? It's designed to make it worthwhile for attorneys to bring large numbers of
44 XaraB : AA (and other airlines earning money on checked baggage) should definitely pay up when losing or delivering significantly late (later than 24h): - If
45 AAExecPlat : The article clearly said the bag never arrived at its final destination. What else do you need to know?
46 Post contains images Jacobin777 : So I guess its ok AA loses potentially a few hundred million in damages?
47 mayor : I know of one decision where the judge decided for himself whether the conditions of carriage were valid or not. It happened with a cargo shipment, b
48 avalon2862 : When I go to do an air-to-air photo shoot for a client, I carry a BARE minimum of items that easily add up to more than $800 For a 2 day photo shoot
49 Post contains images fxramper : It was okay for shareholders to lose since management decided to drive the company into the ground.
50 aztec01 : Of COURSE she is not going to get $5m!!! That's a given! She knows it, the airlines know it, the lawyers and the courts know it! She will get satisfac
51 einsteinboricua : I disagree. I'm paying for my bag to be transported on my same flight. If my bag was flying free, it would still be an error of the airline, but I wo
52 wahdadli : That does not mean that she never received the bag back from the airline.
53 nitepilot79 : AA can't be happy about this negative publicity. I think AA will want to bury this thing and settle in a timely fashion.
54 wahdadli : the article mentions nothing about any other person(s)... is it really a class action lawsuit? or an assumption by the writer? if it truly is a class
55 contrails : Although I'm hardly a fan of lawsuits, from my non-lawyer perspective I think this raises an interesting question. If you pay an airline, in this case
56 Cubsrule : It could be - a class needs only one named party.
57 wahdadli : oh, ok... but but the court documents will have a complete list?
58 Post contains images iliribdl : Not the same thing. Back to the topic, re-read the article again guys, when the lady made the claim the airline told her she can include the 25 dolla
59 ssides : AA should have definitely refunded the $25. But the contract of carriage for domestic flights clearly indicates that the limitation for lost baggage i
60 Cubsrule : Not necessarily. How would she know who AA hasn't paid?
61 iliribdl : Exactly, that's what the contract says, and no one is forcing you to check baggage either, if you do, no where does it say that by paying for the tra
62 fxramper : It's all about what the passenger thinks they deserve, the state of economy, and how airline travel continues to nosedive. Add this the military guy
63 par13del : Except the airline did not abide by the contract and pay the client the $800.00 for her "stuff" or re-imburse her the $25.00 she paid for them to tra
64 Lufthansa411 : Of course, but by that logic, no one forces you to go to work, eat or pay your bills. But the fact that you do means that you enter into a contract w
65 iliribdl : You have to wait, those are the rules, it takes few weeks sometimes months to get paid, plus we don't the details in this claim.
66 wahdadli : The reason i asked is that I know that in a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly-situated p
67 Chapavaeaa : I've followed this with a bit of interest. I hope she get's all she (or the lawyers or whoever) is asking for. AA doesn't get it when it comes to bags
68 Cubsrule : Right, but she doesn't have to name the people in that group.
69 crosswinds21 : The ruling (if this isn't settled out of court) will impact all airlines, not just AA. It will set a precedent just like any other court ruling. If A
70 Slider : Can you do better? Do you know how many bags the airlines transported last year in total? PERSPECTIVE people!!
71 ozark1 : If she didn't get the bag, she deserves the $25. This whole policy makes the industry look horrible. But they don't care.
72 bjorn14 : AA probably sold her bag to the Scottsville, Alabama store(where unclaimed airline luggage goes to be resold as retail merchandise). BTW, I hope she w
73 ckfred : Have you ever had a bad meal at a restaurant and either been given a free dessert, or the bad entree was removed from the bill? It's happened to many
74 Post contains images adam42185 : If my bag does not arrive with me and I payed for it to arrive with me, I feel they've stolen $25. I say go for it and sue them. Its time for these r
75 Cubsrule : To be fair, though, AA does have (or, in the past couple of years, has had) serious problems knowing where bags are. I once nearly filed a claim on a
76 nclmedic : Really? Clearly, $5M seems a figure plucked out of the air, and doesn't represent any sort of financial or emotional hardship claim, but I have to ag
77 AAExecPlat : Although you are technically correct, do you think that the article was making that distinction consciously? And do you think she would have sued ove
78 type-rated : I don't think the woman suing for $5 million is really expecting that kind of money. As Peanuts stated early in this thread her purpose for suing for
79 gonnagetbumpy : Airlines responsibility is to get the bag to the passenger. They don't say they will do it on the same flight, but that is the goal. In my opinion, ho
80 Kaiarahi : It's a class action. $5M is an estimate of the amount claimed by ALL claimants who may join the suit,
81 einsteinboricua : I doubt if she wins she'll get $5M. It's just an "I'm p!$$3d off with you so you better make sure it doesn't happen again" thing. If I were suing, I
82 rameshksm : You can say that again...I have had bags lost/delayed four times (US Airways, Emirates and Cathay Pacific being the airlines). The one time it was lo
83 ssides : There's nothing in there that says it has to be paid "immediately." AA needs ample time to investigate her claim.
84 AWACSooner : While I usually abhor frivolous lawsuits (I was the foreman of the jury on one), this is one I wouldn't mind seeing the plaintiff win...and get every
85 IADCA : Actually, I doubt that the 5 million is an arbitrary number. Five million is the jurisdictional line for federal court jurisdiction under the Class Ac
86 Mir : If a bag is unloaded because of weight issues, then it's not lost - it'll get there a bit late, but it will get there. That's not the problem here. I
87 iliribdl : That's why there is a process, where you file a claim for the lost bag(s) and items, and will get reimbursed. You guys are making it out to be that o
88 IADCA : It appears she did try the claims process, and did not get her bag fee back. The basic argument is breach of contract. It's hardly a novel action. Le
89 isitsafenow : I hope she gets the $5 mill and more. If the carriers,no matter who they are, charge to take your bag, they better own up to the consequenses if bag
90 Post contains images flybyguy : I think this lawsuit isn't frivolous at all. I think that the $5 Million is to get the attention of the airlines. The airlines have been leading the
91 iliribdl : When you file the claim for lost bag, it takes up to a week for the file to go to central center where they deal with it, then few more weeks until a
92 EdIcHc : This is an incorrect assumption that many people make. In civil law however a court can, and has in the past overturned terms and conditions of contr
93 IADCA : Fine, but the fact remains that she wasn't paid. What's the substantive difference? You know, anything that actually affects her right to payment?
94 iliribdl : She has to wait for the claim to get done not just sue for 5 million dollars because she can!. She can get up to $3,300, other than that she just wan
95 Cubsrule : On what do you base your assertion that she is "suing for 5 million dollars because she can?"
96 iliribdl : What does the article say?
97 asteriskceo : Good for her. I hope she gets a nice chunk of change, and I hope that other customers of other airlines can use this as an example. She PAID American
98 Cubsrule : The closest I can get is this: As IADCA correctly explained, $5 million is what you need to get a class action into federal court, so it's hardly doi
99 indolikaa : You should. It's pathetic that Congress has to get involved in EVERY aspect of our lives because we as a society can no longer use common sense and d
100 JBAirwaysFan : Didn't the DOT recently mandate that airlines refund bag fees if luggage is lost?
101 yvphx : Are the airlines responsible for the lost bag though? I understand this is about a $5 million lawsuit, but arn't the airlines liable for up to $3,300
102 asteriskceo : "Oh she should have read the contract of carriage" is the equivelent of saying, "Oh she should have had the ticket counter agent print out 20 pages of
103 EdIcHc : You are not the only one. The point is it does not matter what kind of bull a carrier puts in it's conditions of carriage. If it flouts the law as de
104 Post contains links mariner : Was it lost? American is saying that her bag was returned to her the next day: http://www.wfaa.com/news/American-Ai...ew-different-airline-99151529.h
105 B377 : So now after 103 postings saying how bad AA was, we discover that in reality, AA moved her to a competing carrier, due to a cancellation, to reach her
106 m404 : MARINER Good for you to research this. Now I'd love to see her story. My opinion does not change however that IF a bag is lost . I mean Gone. The 25 s
107 Kaiarahi : Not so fast. Twice in the last year I have flown out on Friday evening for a golfing weekend, paid to check my clubs (not an option to carry them on
108 Post contains images iliribdl : There you go, so it's just another person going after 15 mins of fame and trying to get rich quick.
109 Cubsrule : But what does that have to do with the bag fee? Couldn't you make the same argument for a carrier like WN where the bag terms are in the "main" contr
110 thegreatRDU : After more details are creeping out I stand behind my claim Let's hope congress does not get involved....
111 Kaiarahi : Sure, depending on the terms. But the argument may be stronger where I've paid a specific fee for the bag - again, depending on the terms of carriage
112 Giancavia : The lady paid for her bag to arrive at its destination and it didnt. How can they claim "nothing can be done". I know if i just spent $800.00 on stuff
113 XaraB : Discussing the semantics of the fine print is totally irrelevant. Mir hit the nail on the head with this: Theft is illegal. Period. Also when committe
114 DTWPurserBoy : Over 99.5% of all bags arrive on time with their owners. Show me any other industry that has that kind of accuracy record. In the big scheme of thngs
115 Post contains images iliribdl : Amen.
116 mayor : Did you even read this............................. Seems odd how we've gone from completely lost....gone forever to "It was found and delivered to h
117 XaraB : I admit I didn't, but it doesn't change the principle I highlighted. Either you provide a service of adequate level, or you return the money people p
118 mayor : I do know that AA used to have a nasty habit in SLC. They would call us about putting some pax on our DFW flight because theirs was delayed or cancell
119 eastalt : There is something missing fom this article. If her bag was missing andB never recovered she could file a claim with American Airlines for up to 3300.
120 Cubsrule : I think it's stronger in terms of damages but not in terms of liability. Let's return to the oil change example from earlier in the thread: Situation
121 einsteinboricua : But if AA didn't tell her that they had placed the bag on another carrier, then how is that her fault, especially when the airline told her that noth
122 mayor : Well, it just seems like she made a mountain out of a molehill, considering that she actually had the bag within 24 hrs. It seems like a non-story as
123 Kaiarahi : 24 hours can be an eternity if there's something in the bag you need (e.g. sports equipment for a weekend getaway, clothes for a funeral, etc), or yo
124 AAExecPlat : I take back everything I said. Obviously, this woman is insane. She got her bag, AA went above and beyond to get her to her destination (we don't know
125 Cubsrule : Not necessarily indeed. But in a sense, I'd be made whole receiving the $20 service for $20, so it's a starting point. With the bundle, there's no st
126 brahmin : I hope she wins and 1. Charges AA $ 1'000'000 if they want to pay cash. 2. Charge $ 1'500'000 if by cash. 3. The Court should charge her attorneys $ 5
127 Slider : WHAT??!!? Seriously? Man, back in the day, which wasn't all taht long ago, we had tests on this stuff. 100% to pass! Great frikkin post. Spot on. Tha
128 Lemurs : I understand why so many people trot out the CoC, but it is not a be-all, end-all, iron-clad document. It's limited by law as well, and the expectatio
129 indolikaa : I'd like to see case law that backs that statement. Particular contracts where a guarantee on investment is not theoretically possible...
130 NYC2THEWORLD : Its called fraud. I sign an agreement for a service, I pay for said service, yet that service is not delivered. That is called fraud.
131 PITingres : The post office. Bus services. Anyway, the on-time percentage is totally irrelevant here. What IS relevant is that the airline shot itself in the foo
132 Lemurs : I don't have easy access to Lexisnexis right now or I'd go look a few up, sorry. I do know that I have read more than a few cases where when it actua
133 Post contains images ssides :
134 indolikaa : That's my fault. I read your comment (Reply 128) literally as a statement on contracts in general and not specifically related to carriage. If that w
135 Cubsrule : All Rule 56 requires is a genuine issue of material fact - there certainly seems to be a genuine issue about how AA accommodated this passenger.
Top Of Page
Forum Index

This topic is archived and can not be replied to any more.

Printer friendly format

Similar topics:More similar topics...
AA Applies For Four Additional MIA - EZE posted Tue Mar 16 2010 12:37:39 by A300AA
AA's Plan For The Future? posted Sat Jan 16 2010 08:07:55 by Seatback
AA Applies For SJU-VLN posted Thu Nov 19 2009 18:32:03 by MAH4546
United: $250 For 1 Yr. Waived Bag Fees. posted Tue Oct 6 2009 11:46:14 by Luv2cattlecall
AA Applies For More GYE Flights posted Sun Sep 13 2009 01:26:51 by MAH4546
US/AA Potential For Merger posted Thu Jun 25 2009 14:22:05 by OP3000
Airlines: New Penalties For Delayed/lost Luggage posted Wed Mar 11 2009 01:33:34 by TomFoolery
F9 To Charge $15 For First Checked Bag Nov 1 posted Fri Sep 12 2008 09:55:32 by F9darol
AA Sued For Losing Dead Body posted Tue Sep 9 2008 15:20:17 by FAEDC3
AA Applies For CO's Cali Frequencies posted Tue Aug 19 2008 17:44:42 by MAH4546