Airline’s liability limited even for baggage checked against passenger’s will

Booker v. BWIA West Indies Airways Limited (E.D.N.Y. May 8, 2007).  After the passenger had boarded the aircraft for a flight from JFK to Guyana in 2004, the airline required that she check, “against her will,” two bags she was carrying.  When the passenger arrived in Guyana both bags were missing.  The bags did reappear four … More Airline’s liability limited even for baggage checked against passenger’s will

DOT increases baggage liability limit for domestic air travel

On January 29, 2007, the U.S. Department of Transportation issued a Final Rule increasing the minimum limit of an airline’s liability for baggage lost, damaged or delayed during domestic travel from $2,800 to $3,000 per passenger.  The change takes effect on February 28.  Thus, for domestic travel beginning that date, “an air carrier shall not limit its liability for … More DOT increases baggage liability limit for domestic air travel

Lost baggage damages limited by Montreal Convention

Nunez v. American Airlines (N.Y. App. Jan. 26, 2007).  In a brief opinion, the appeals court upheld the trial court’s decision applying Article 22(2) of the Montreal Convention to limit the two passengers’ damages for loss of their baggage.  The trial court had entered a judgment against the airline for $2,990 (apparently $1,495 per passenger), from which the passengers had appealed.  The appeals … More Lost baggage damages limited by Montreal Convention

Passenger state law claims preempted by Montreal Convention

Malek v. Societe Air France (N.Y. City Civil Ct. Sept. 8, 2006).  Due to a late-arriving flight, the passenger missed his connecting flight.  The airline arranged for alternate carriage on a different airline, for which the passenger had to wait eight hours.  He claimed that the delay inconvenienced and exhausted him, and also claimed that the airline damaged his baggage.  The passenger sued for … More Passenger state law claims preempted by Montreal Convention