United passenger sues over delayed baggage
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United passenger sues over delayed baggage
A UA passenger paid $25 to check her luggage for a flight from Chicago to L.A. But when she landed she discovered her bag was still in Chicago.
She is now suing UA claiming the airline chose to leave her luggage off the flight due to weight regulations and prioritized larger, more expensive cargo instead. She did not receive a baggage fee refund for the delay, per United policy.
It seems to me this is the same thing as denying boarding to a passenger. Had that happen she would have been paid DBC and given a later flight or a full refund. Now DBC was imposed by the US DOT following abusive denied boarding practices of some airlines, can they be far behind in imposing it for DLC?
(This assumes her claim that UA loaded cargo rather than bags, but that hasn't been proven. And some cargo may have a higher priority, I think ...)
Crain's Chicago Business
She is now suing UA claiming the airline chose to leave her luggage off the flight due to weight regulations and prioritized larger, more expensive cargo instead. She did not receive a baggage fee refund for the delay, per United policy.
It seems to me this is the same thing as denying boarding to a passenger. Had that happen she would have been paid DBC and given a later flight or a full refund. Now DBC was imposed by the US DOT following abusive denied boarding practices of some airlines, can they be far behind in imposing it for DLC?
(This assumes her claim that UA loaded cargo rather than bags, but that hasn't been proven. And some cargo may have a higher priority, I think ...)
Crain's Chicago Business
Last edited by ExXB; 8th Jul 2014 at 16:13. Reason: Typo
Torque Tonight,
Correct me if I am wrong (I am often) but the money paid to carry the bag is a contract and the UA lawyers would have a clause allowing delay or lost bags.
Correct me if I am wrong (I am often) but the money paid to carry the bag is a contract and the UA lawyers would have a clause allowing delay or lost bags.
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Just by putting something into its conditions of carriage/contract doesn't make it valid. Unfair terms in contracts like these, where only one party has the ability to set out its terms, have often been overturned in court.
Having said that you need a very expensive lawyer for a fairly minor amount. ($25 fee and consequential damages for the failure to perform). I wish airlines were a little more responsible, but then again if wishes were horses ...
Having said that you need a very expensive lawyer for a fairly minor amount. ($25 fee and consequential damages for the failure to perform). I wish airlines were a little more responsible, but then again if wishes were horses ...
Paxing All Over The World
I agree KBPsen. But I suspect that some folks find it easier to sue a coporation than their Representative/Senator/President. So they take on who they can. 
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KBPsen, you think it is reasonable to pay for a product or service, not receive what you paid for, and not receive a refund?
If consumers must simply 'grow some hair on their chest' as you say and let it go, that is a free pass for unscrupulous companies to rip people off with impunity.
If consumers must simply 'grow some hair on their chest' as you say and let it go, that is a free pass for unscrupulous companies to rip people off with impunity.
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I think that in the days of all-in fares one might have been a little more tolerant with the odd cock-up of a bag missing one's flight and turning up on the next one. With airlines now charging seperately for a specific service they are leaving themselves wide open to litigation if they FAIL to provide that specified and charged-for service.
What Tango said.
If you have to purchase a separate service (e.g. luggage) then you expect the service to be provided and no contract can take away your rights.
Luggage goes missing; its a fact of life. But it cannot cost as much as £40 to deal with one item of luggage on a plane. So the airlines who insist on charging should invest some of that money in better contracts with their handling agents so the service is adequate for the price paid by the customer. I can see someone having a go at an airline one day.
If you have to purchase a separate service (e.g. luggage) then you expect the service to be provided and no contract can take away your rights.
Luggage goes missing; its a fact of life. But it cannot cost as much as £40 to deal with one item of luggage on a plane. So the airlines who insist on charging should invest some of that money in better contracts with their handling agents so the service is adequate for the price paid by the customer. I can see someone having a go at an airline one day.
My worst delayed bag was 13 weeks. AA lost it between Chicago and Dayton, Ohio. It cost them over $1300 in total for the compensation they paid out - buying new clothes for a start.
America West denied that ripping a wheel off my case was not 'fair wear and tear'. I had changed that wheel in a repair, and I know that to shear a 1/2inch case hardened steel axle (which was what they had done) would have taken at least 2.5 tons - UK ones, not US ones. I don't see normal baggage handling could do that, only gross negligence.
America West denied that ripping a wheel off my case was not 'fair wear and tear'. I had changed that wheel in a repair, and I know that to shear a 1/2inch case hardened steel axle (which was what they had done) would have taken at least 2.5 tons - UK ones, not US ones. I don't see normal baggage handling could do that, only gross negligence.
Last edited by radeng; 22nd Jul 2014 at 17:58. Reason: spelling
