Judge Green-Lights British Airways Lost-Luggage Class-Action
British Airways passengers attempting to hold the airline accountable for losing an estimated one million pieces of luggage received some good news today when a District Court judge ruled a nationwide class action lawsuit could move forward in the United States court system.
The ruling, issued by United States District Judge Nicholas Garaufis, denied British Airways' motion to dismiss the consumer class action, filed in 2007, which seeks to recover travelers' actual losses rather than a $1,500 cap the airline uses to limit damages. The Court noted, and rejected "BA's extreme position" that it was not responsible for actual losses for lost baggage unless its mishandling rate was "worse than fifty percent."
According to the suit, originally filed in Federal Court in Seattle, British Air lost 23 bags per 1,000 passengers carried, about 60 percent more than the industry average and twice as bad as the worst U.S. carrier.
International airlines typically cap liability for lost luggage, citing The Montreal Convention, to which the United States and 124 other countries are signatories. That agreement limits liability to $1,500 per passenger, but also waives that limit if the airline acted recklessly, and with knowledge that damage would probably result.
Media reports cite huge piles of lost luggage from British Airways flights piled on London's Heathrow airport tarmac subjected to rain, and was otherwise misrouted and mistreated.
The suit also claims that despite an internal April 2007 report that the British Airlines overloaded its baggage-handling system by nearly 25 percent, it failed to alert passengers to the increasing complications posed by its flawed system.
Additional reports indicate that the airline's backlog of lost passenger baggage reached 20,000 pieces by March 2007, the complaint states. The amended complaint goes on to cite that British Air workers claim that in reality the backlog neared 40,000 bags at that time.
The suit seeks to represent American passengers who flew internationally on British Air and who had luggage lost, damaged or delayed between September 5, 2005 and September 5, 2007.
British Airways Lost-Luggage Class-Action Legal Help
If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Related Law Suits
British Airways Lost-Luggage Law Suit and Settlement
Potential Class Action Suit Law Suit and Settlement
Big Oil Law Suit and Settlement
Best Buy Law Suit and Settlement
Gaylord Gas Law Suit and Settlement
YTB International Law Suit and Settlement
Sears Law Suit and Settlement
Countrywide Law Suit and Settlement
DHL Overcharges Law Suit and Settlement
Ticketmaster Law Suit and Settlement
See more stories from this source.
Class Action Law Suits
Newsworthy Law Suits
Defective Products Lawsuits
Discrimination Lawsuits
Drug & Medical Claims Lawsuits
Food & Dietary Supplement Lawsuits
Insurance Lawsuits
Malpractice Lawsuits
Personal Injury Lawsuits
Real Estate Lawsuits
Investment Fraud Lawsuits
Related Law Articles
is===1Related Law Questions
Related Law Bulletins
Lawyers! Become an Approved Expert to Answer Questions.
Apply Now!
You'll get lots of targetted traffic to your website and new client leads!
is===1
