Lawsuit for Lost Airline Baggage
British Airways is a Target of a Class-Action Suit over Lost Luggage
Sep 6, 2007
Luxury travelers know, by and large, to avoid British Airways. Security restrictions allow only one carry-on (including women's purses), and it loses more luggage than any other airline in the world. Some luxury travelers, apparently, have had enough. On September 5, 2007, British Air was slapped with a nationwide class action lawsuit claiming that its record is not just an unfortunate side effect of transcontinental air travel, but is, in fact, an actionable legal issue.
- British Airways caps restitution at $1,500 as the highest amount for claimed damages. The suit hopes to win full restitution for any affected American passenger who has had luggage lost, delayed, or damaged. The law firm Hagen Berman Sobol Shapiro has been retained to represent at least three plaintiffs in this lawsuit. Luxury Travel spoke to a lawyer working on the suit, Shayne Stevenson. He described how two of the plaintiffs, Donald and Joan Smith, contacted the law firm for representation after an incredibly frustrating experience with lost luggage. "The suit claims that British Airways' conduct was egregious, constituting recklessness in their knowledge that so much damage occurs regarding lost luggage," says Stevenson.
- The law firm describes studies showing that travelers on British Airways have a 1 in 36 chance of having the carrier lose their luggage - the argument being that this qualifies as reckless behavior. In turn, British Airways management claims their hands are tied by the terms of the Montreal Convention, according to Stevenson. Chris Want, BA's director of operations, has said that service "...has not been up to an acceptable standard." Understatement of the year.
- The Montreal Convention sets uniform rules regarding air travel passengers' rights. It also sets caps on restitution for lost and damaged luggage, but there is an important exception: Should the airline at fault be aware of an ongoing, severe problem with baggage handling, yet do nothing to improve matters, this is considered negligence. Clearly, BA management knows there's a serious problem with lost luggage. The deplorable behavior of British Airways staff in its luggage customer service is notable as well (sympathy and a stab at acting helpful go a long way towards reducing lawsuits; a lesson BA management has yet to learn). The class action lawsuit speaks to what Stevenson describes as negligence and recklessness by BA regarding serving its passengers and their property.
- The class-action lawsuit will represent American British Airways travelers whose luggage was lost or damaged between Sept. 2005 and Sept. 2007. More information on this case is at Hagen Berman Sobol Shapiro's website.
Nothing takes the luxury out of a vacation faster than lost luggage. It's been well documented that British Airways loses far, far more cargo bags than any other airline, and further, the company recently was charged a massive fine for antitrust violations and price-fixing (BA admitted its guilt). What will it take for this major airline to improve its reputation in the world of aviation? Perhaps this class-action lawsuit will prod British Airlines management to institute policy changes. Air travel is stressful enough as it is.
Related, on Suite 101:
Airline Travel Satisfaction is Low
British Airways - the Lost Luggage Record Holder
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