Yale Student Files $1 Million Lawsuit After US Airways "Loses" His XBOX
A 21-year-old film studies major at Yale University is really annoyed that his XBOX 360 went missing from his luggage on a US Airways flight, so he decided to sue them. For a million dollars.
The Cincinnati Enquirer says the student is asking for $1,700 for the XBOX, and for "non-economic distress" of at least $25,000, but "in the maximum amount allowable by law or, in the alternative, in the sum of $1,000,000."
The suit also alleges that after the student noticed that his luggage was lighter than when he packed it, he reported the "theft" to US Airways, resulting in weeks of "an unconscionable 'run-around' " that is the basis of his lawsuit.
US Airways said they had no knowledge of the lawsuit, but did mention that the federal liability limit for lost luggage is $3,300 per bag.
"We haven't been apprised of any lawsuit yet, but regardless of the figure in the complaint, there are federal loss limits applicable to all airlines on their liability for lost luggage and belongings, which are currently set at $3,300 per bag," Valerie Wunder, a US Airways spokesperson, told the Enquirer. "Further, our publicly available baggage policies specifically exclude liability for electronics checked in luggage."
Anyway, for the rest of you, if something goes missing from your checked luggage it's the TSA that you should really be dealing with. They have a claims center set up to deal with the problem of "misplaced" property. You can find it here. And no, they probably won't give you a million dollars for your XBOX.
Student sues over missing Xbox [Cincinnati] (Thanks, chiieddy!)
(Photo:Flying Photog)
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Comments:
"misplaced" = stolen right? But lol he is barking up the wrong tree.
See? Litigation without merit isn't just for the hoi polloi. Even ivy leaguers can waste a court's time!
What about the fact that it could have personal information stored on it, like a credit card number or something to that effect? I wonder if that would change anything.
he should get the value of the xbox, and possibly a kick in the ass
"Further, our publicly available baggage policies specifically exclude liability for electronics checked in luggage."
Wait, so they can just take items out of my luggage whenever they want, and aren't responsible for it, as long as it's electronic?
The thing that bugs me about these situations is the presumption that the rampant theft is not a problem. I am NOT a security alarmist...I think most of what we have now is a joke...but the still-rampant theft only proves that airport security is completely ineffective.
The TSA stands for Take Stuff Always.
Sure a million dollars is a bit high, but screw the airlines and screw the TSA for creating this system where baggage handlers/screeners can steal whatever they want from luggage without consequence.
Well it's a good thing the thieves didn't also steal a pair of his pants . . . then he could have sued them for $54 million.
Maybe it's one of those Xbox 360s that have been modded but somehow has evaded being banned from Xbox Live! all this time.
Welcome to the blame game. Airline will blame the baggage handlers, baggage handlers will blame the TSA, the TSA will ignore your requests for information under the guise of "national security".
It's not like they lost his luggage, someone specifically opened it and removed a moderately expensive piece of consumer electronics. There is no way that is incompetence, but blatant theft.
"Further, our publicly available baggage policies specifically exclude liability for electronics checked in luggage."
They are saying that since this information is public, you should damn well know NOT to put any electronics in your suitcase because its probably the most stolen "category" of things.
I dont see the lost luggage limit being imposed. The luggage wasn't lost. It was riffled through and an item was stolen. This is more of a criminal issue not a lost luggage issue. He should get the cost of the XBOX, cost of legal fees, and a small amount for dealing with the bull from the airlines. 1 Million is too much, but it did get this publicity.
@Segador: It's because they pretty much know if someone puts valuable electronics in their luggage, it will be stolen. Think of how much they'd have to pay out if they did admit responsibility for every digital camera and laptop taken.
Ah, Yale.
Wonder if his daddy or mommy is a lawyer.
Why would someone put something valuable...like let's say an Xbox, in their checked luggage? Don't they know that the TSA will take ANYTHING of value, and even some stuff that isn't valuable?
He's an idiot.
Wait, so they can just take items out of my luggage whenever they want, and aren't responsible for it, as long as it's electronic?
Playing Devil's Advocate, I think the general idea is that checked baggage is generally handled roughly - tossed here and there, exposed to freezing/broiling temps and rain/snow, etc. To boot, many electronics have the pesky combination of costing hundreds or thousands of dollars and being small enough to be quickly grabbed and slipped into a pocket by some nefarious employee.
More bad things can happen to electronics in checked baggage than good, so airlines are quite up-front about warning passengers *not* to check electronics (or other valuables), and are also up-front about excluding electronics from their liability coverage (if one bothers to read baggage policies).
Besides, I wouldn't put it past a shady consumer to either a) not pack an electronic item, but turn around and claim theft anyway (how do you prove the passenger *didn't* pack the electronic item?) or b) pack a malfunctioning piece of electronics and claim damage due to rough handling. I'm sure the general treatment of baggage and certain cases of passenger fraud combined to produce such draconian baggage policies.
Obviously this kid was trying to make a point. He's going to end up wasting a lot of time and money doing it, but it does make you think that something has to be done. It's WAY too easy for your possessions to go "missing" when you're flying. That being said, doesn't everybody know that already? He should have packed it in his carry on.
@Kaellorian: You're right. He should instead wait on hold, trying to talk to a "customer service" rep.
exactly why I do NOT store my credit card info in my XBox... on top of that, you can get better deals on Live and Microsoft Points from Amazon, etc. Why bother even putting your CC info into your 360?!
@Blueskylaw: Electronics are normally excluded from lost or damage claims, but this is a criminal theft and, I would argue, should be treated differently.
This will show those screeners, next time they need to dispose of the whole bag so as to leave no evidence.
@squinko: Well if they were actually made liable for it, they may then make sure that this stuff is not stolen any longer, right?
i normally hate blaming the victim, but this kid should get a kick in the butt for wasting so many people's time. i hope USAirways uses their retainered lawyers to fight this in court so the kid can spend another couple hundred bucks in court fees. unfortunately quick out-of-court settlements are probably a big reason we have to deal with so many frivolous lawsuits. the kid probably figures they'll settle for a couple thousand and he'll make some quick money
Two words. Tort Reform.
It would stop BS like this dead in its tracks.
File the damn claim for lost luggage, get your check, and move on. I can't fathom why someone would put something like that in checked luggage anyway. If I fly with my camera and/or laptop, I ALWAYS carry them with me.
@Blueskylaw: I disagree. That is to try and immunize themselves against damage. You can't exclude liability for employee actions. This lawsuit has very little to do with the XBOX (despite what US air would say)
It has EVERYTHING to do with employees stealing from customers. We all take their contract clause as the word of god, but we would be up in arms if they said "Further, our publicly available baggage policies specifically exclude liability for employee theft from checked luggage". They violated the contract by stealing from him and then furthermore refused to do anything about it.
He should sue, though it may not go anywhere. It's not like it was damaged by accident, some employee said to themselves "Sweet! Xbox" and ran off with it. The airlines don't do shit about theft by their employees, and if no one else will then some one must. If they did anything to protect the customer he wouldn't have a case period...but they just let minimum wage workers just rifle though and help themselves without any thought to theft.
@petermv: I'm not saying it's right. I'd love to be able to not worry about my stuff when I travel. I'd also love to see the airlines made responsible for late/canceled flights, refunding tickets, terrible customer service, etc., but I don't see that happening for a long time (if ever).
First of all, I hate frivolous lawsuits.
As soon as I saw this, though, I said to myself, "yes!" Haven't there been multiple articles here on the consumerist about US Airways "misplacing" someone's luggage, including a $27K film camera? Oh yeah:
[consumerist.com]
[consumerist.com]
[consumerist.com]
This is just what's on The Consumerist, too. I can't find that camera deal, but I know it's out there (maybe it wasn't US Air). It's not like this is a new thing. If I had an expensive electronic device that I had to check, and US Airways stole it then "offered" me $3300 for it I'd be up the creek without a paddle. Hopefully this lawsuit will call some attention to a problem.
They need to start planting tracking devices into random electronics and discovering who these thieving stealing assholes are. Maybe if enough of them get caught and jailed/fined/fired the problem will correct itself.
What kind of pathetic twat flys around with an XBox? Seriously, you can't give up gaming for a few days? Secondly, how did someone this stupid end up at Yale. Third I eagerly await legal sanctions against the retarded lawfirm who filed this.
Guys. The $1 million demand was to get publicity. Newspapers are not going to report on "Yale student files small-claims court action for airline losing his Xbox".
I like this. No, he doesn't deserve a million dollars, but making the amount ridiculously high bring increased attention, and media focus is, sometimes, the thing that gets problems taken care of. Not what I would have done, but I have no problem with it, and I hope he at least gets enough money to buy a new one.
Also, how about bringing the airline up on theft charges? I know nothing about criminal law, but dang, someone steals something, that's theft, right?
@barty:
Tort reform isn't going to stop people from filing lawsuits. And that's all this kid did.
Do you really think that this kid is going to get anything close to 1 million?
It's the stupid lawsuits that get all the press. I'm sure that there are people who have filed lawsuits for a reasonable amount for lost/stolen luggage but you never hear about them. Because they were filed and settled reasonably.
If the airline was willing to give me a brand new Xbox then I would be more than happy. I have gotten the "we have inspected your bag" flyer one too many times to put anything but cloths and non valuables in my checked bag. My money is TSA stole it and the airline is on the hook. As for his credit card numbers, all he needs to do is call up the card issuer and has the card canceled. It will be a cheap lesson because of the $3,300 limit.
This could be an innovative financial opportunity for US Air as well: new fee structure: $15 for your first checked bag, an extra $35 if you'd like it returned unmolested.
@qcgallus: I misspoke.
Looks like it was TSA that stole the stuff, not US Airways, and it was a $47,000 camera. I'm still hoping that a lawsuit like this will put some fear in people who see a $47K camera and think "payday..."
I am for this lawsuit 100%.
I really have no problem with people filing lawsuits for outrageous sums of money like that. The end goal is normally to get a reasonable amount of compensation -- that's what most likely will happen.
The $1 million is just a starting point, a bargaining chip.
@ElizabethD: I smell envy. You know Yale gives scholarships like any other school right? Does his family background mean that we can steal from anyone who makes more than $250,000. The class warfare in this country is getting very ugly right now.
@chocolate1234: Except they charge you for carry on luggage now, and an xbox is heavy and takes up a lot of room. But then again I would never check anything of value.
Something tells me he is trying to make a point. The point being that the airlines should actually try to STOP THE FUCKING THEFT. They don't, though. So employees are rewarded for stealing.
I bet if you tried to steal something from them -- perhaps a plane? -- they'd arrest you, stat. Oh, but if it's someone paying tons of money to fly with them? Eeeeh, who cares.
"Tort reform" = "loss of constitutional rights." You have a right to sue, thank goodness. It's often the only defense against outrageous behavior by institutions. I don't want to lose that.
Most ridiculous suits are solved on their own (lack of) merit.
It's long past time that the airlines were made to pay for shielding their employees from the law. Maybe a million or two in theft pay-outs would get their attention.
@snowmoon: Yes! And if the airlines are allowing their employees to continuously steal from customers (by not doing enough to prevent it)- they deserved to be sued. It's a breach of trust.
Here's an article I once about the best way to check expensive electronics and other items.
[blog.jonudell.net]
The basic idea is if you pack a starter pistol in your luggage, declare you have a weapon in the luggage, then the TSA will check it, and lock it, giving you your key back. The bag is virtually never lost, and you don't need to worry about registering a starter's pistol. Just pick one up for each checked bag, and everything should make it to your destination, barring crashing into the hudson.
@Segador: This is precisely why I don't fly anymore. And if I have to fly, I'll carry my stuff on with me, and never let it leave my sight.
@snowmoon: Ah yes. If dealing with TSA, make sure that the most valuable thing on you is your ticket.
@Shrew2u: This right here is the reasoning. I'd never put electronics in my checked luggage, it's just too risky. Even if it doesn't get stolen, there's a pretty good chance it'll end up frozen or smashed under some other luggage.
@SarcasticDwarf: I think the comment that expensive electronics aren't covered is a tacit acknowledgment that theft is rampant but they can't do anything about it. Probably the luggage handlers union.
Somewhere, someone is shooping a Dr. Evil picture with an xbox on his lap.