British Airlines Class Action Lawsuit Greenlit
The Airline Loses Far More Luggage than Any Other Air Carrier
Apr 20, 2009
Nearly two years ago, this column described the consumer class action lawsuit against British Airways. This airline lost luggage at rates far and away above its nearest competitor (if losing checked luggage can be seen as a competition!), and the nationwide class action lawsuit claimed this as an actionable legal issue. A lawyer representing the plaintiffs described to Luxury Travel that the restitution cap for lost luggage was too low, and that British Airways conduct constitutes recklessness. This month, a United States District Judge has ruled that the lawsuit could go forward, a bit of good news for passengers wanting to hold the airline accountable.
Background on the British Airways Class Action Lawsuit
- The law firm Hagens Berman Sobol Shapiro, retained to represent affected plaintiffs; passengers whose luggage was lost or damaged between September 2005, and September 2007 are part of the class action lawsuit.
- Two years ago, passengers on British Airways had a 1 in 36 chance of having their suitcases damaged or lost. Hagens Berman reports that today that rate is basically unchanged.
- The consumer class action suit, filed on Federal Court in Seattle, claims that this rate is approximately 60 percent higher than the industry average, and twice as high as the absolute worst United States air carrier.
- The Convention for the Unification of Certain Rules for International Carriage, informally known as the The Montreal Convention, has a set restitution cap of $1,500 for lost and damaged luggage. This is part of its overall unification of air travel rules meant to protect travelers' rights.
- The current cap of $1,500 set by The Montreal Convention is claimed to be too low, given the egregious negligence claimed in the lawsuit. In cases of provable negligence (in this case meaning a continuing and striking problem with British Airways' baggage handling system), the lawsuit claims that the cap should be nullified.
- British Airways' Director of Operations, in turn, claimed that the company's hands were tied, that the baggage handling system could be better, but that the Montreal Conventions' restitution cap is set in stone. British Airways filed a motion to dismiss the class action lawsuit.
The Latest Ruling for the Consumer Class Action Lawsuit
- The United States District Judge, Nicholas Garaufis, who denied British Airways' move for dismissal in essence rejects what he calls "British Airways' extreme position." Namely, that it should not be held responsible unless its rate of lost and damaged luggage exceeded fifty perfect. Fifty percent! BA therefore meant to say that it should only pay up if it lost over half of all checked luggage.
- The lawsuit, which shall now proceed at the usual snail's pace famous in the US court system, also claims that British Airways never alerted travelers to its failed baggage handling system, despite its own internal report in 2007 that said system was overloaded.
- Steve Berman, a partner in the law firm heading the suit, says, "The judge's ruling puts international airline carriers on notice that they cannot hide behind the Montreal Convention to deny passengers the care and respect to which they are entitled."
Air travel is a nearly inescapable part of any long-distance vacation. It's not always fun to fly, and other airlines have made air travel discomfiting as well. A luxury vacation overseas is meant to be an enriching experience, one that provides memories to last a lifetime. Losing one's checked luggage, luxury brand or not, may be a memory-making experience, but not, certainly, the kind the intended. Luxury Travel believes the US District Judge made the right decision.
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