Lost luggage lawsuit looms over BA

A United States judge Monday gave the go-ahead for a class-action by previous American passengers of British Airways who have experienced lost luggage to sue the carrier for extra compensation.

Nicholas Garaufis, New York District Judge, gave the Hagens Berman law firm the green light to launch its case that travellers were entitled to more than the US$1,500 that British Airways has compensated passengers for their “horrific” experiences with the British carrier.

Filed originally in 2007, the judge denied British Airways’ motion to dismiss the class action and rejected the carrier’s submission that it was not responsible for the lost luggage.

“This ruling affirms that the convention protects passengers from airlines that demonstrate they don’t care about passengers’ luggage,” said Steve Berman, Hagens Berman Sobol Shapiro Managing Partner.

“Since we filed the complaint in September 2007, we have been inundated with calls and e-mails from passengers who experienced horrific treatment by British Air, in the way the airline dealt with baggage, and how they dealt with passengers searching for luggage.”

Under the Montreal Convention, an international agreement, airlines are limited to US$1,500 per passenger for lost luggage, but it adds that the limit is waived if the airline acted recklessly, and with knowledge that damage would probably result.

The Seattle-based law firm found that British Airways lost 23 bags per 1,000 passengers carried, which was 60% more than the average carrier.

Additionally Hagens Berman claims that a 2007 British Airways’ internal report said the flawed system had the carrier overloading the baggage-handling system by 25%, a piece of information which was kept from the public.

“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,” said the law firm in a statement.