![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-871030-100x100.png\")
\"misplaced\" = stolen right? But lol he is barking up the wrong tree.
\"misplaced\" = stolen right? But lol he is barking up the wrong tree.
![\"user-pic\"](\"/css/images/default.gif\")
See? Litigation without merit isn't just for the hoi polloi. Even ivy leaguers can waste a court's time!
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-270824-100x100.png\")
@Kaellorian: You're right. He should instead wait on hold, trying to talk to a \"customer service\" rep.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-465667-100x100.png\")
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
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-470278-100x100.png\")
\"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?
@Segador: IANAL, but here's my take. They can put anything they want into contracts, but it doesn't supersede the law. Saying they are not liable for electronics may protect them from suits related to missing or damaged electronics, but theft is still theft.
If he can prove that it was stolen by an employee, he might have some legal ground to stand on, though I doubt there's enough evidence to do so.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-110455-100x100.png\")
@Segador: That's the position they take. Years ago I checked (after making sure it was protected) a bag with a laptop - of course you already know that the laptop didn't make it to the destination. I called customer service who told me that (i) they agreed it was probably stolen since it was taken without disturbing anything else (including a Prada suit, which was actually worth more money - morons) and (ii) they weren't liable for lost electronics. Customer service was also not sophisticated enough to realize that when their employees steal something, it's not \"lost\", it's stolen. While I did get a nice letter and some miles from the airline (not enough to cover the cost of the laptop), I resolved not to fly out of LaGuardia any more.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-334332-100x100.png\")
@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.
@heltoupee: I have a friend who happens to be a pilot, and he once said to me: \"If you wouldn't throw it off the roof of your house, don't check it.\" So, besides theft, there are other reasons not to check anything of value in your bags.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-550329-100x100.png\")
@Tony Bologna: Seriously. All you have to do is watch them load and unload bags from the planes and see all the bags that are tossed and launched completely over the cart and onto the tarmac.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-545239-100x100.png\")
@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.
@squinko: Well if they were actually made liable for it, they may then make sure that this stuff is not stolen any longer, right?
@petermv: i agree. i think this is the only reason i agree with the student's lawsuit. somebody has to take a stance on bad policies
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-81728-100x100.png\")
@petermv: Who the hell would want to check electronics anyway?!? Theft aside, would you want YOUR delicate laptop and camera in the hands of the American Tourister Luggage gorillas? I think not.
@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).
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.
@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.
The TSA stands for Take Stuff Always.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-1713-100x100.png\")
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.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-14751-100x100.png\")
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.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-44893-100x100.png\")
Maybe it's one of those Xbox 360s that have been modded but somehow has evaded being banned from Xbox Live! all this time.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-68720-100x100.png\")
@beyondthetech: Actually I think it was one that had RRoD'ed and TSA was afraid it would spread to the on board systems on the plane. Thank goodness, that would suck 40,000 feet above terra firma.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-25946-100x100.png\")
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.
@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.
\"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.
@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.
@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.
@snowmoon: Ah yes. If dealing with TSA, make sure that the most valuable thing on you is your ticket.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-680979-100x100.png\")
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.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-614980-100x100.png\")
@jklug80: And I think that in and of itself is 99% of his reasoning behind it. What better way to bring publicity to an exploited clause in pretty much every major airline's baggage policies that allows theft to occur?
Ah, Yale.
Wonder if his daddy or mommy is a lawyer.
@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.
@Collie: 60% of Yale students receive no financial aid, which means that their parents make over $200k. The legal system is used almost exclusively by the wealthy. So it's a good assumption that this kid is one of the predatory rich.
(And if you make more than $250k, a portion of that is almost certainly ill-gotten. Since \"class warfare\" is almost always defensive, you are whining about it because it is hostile to your scheme to \"earn\" $2.5million next year)
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-548699-100x100.png\")
@Collie: I didn't see any classism in that comment. It was pretty anti-lawyer, but where was the implication that it is ok to steal from rich people? They are suing for $1 million for an XBOX. At most, with 4 controllers(3x$50 with one incl with system), an \"elite\" model system($400), and a few games(3x$50), it would be worth about $700. The live account can be remotely removed from the stolen system and anything purchased electronically would transfer to the new system. The comment was pretty obviously implying that the lawyer mommy or daddy is a litigious bastard.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-403422-100x100.png\")
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.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-68654-100x100.png\")
@Jubilance22: at first, i thought the same thing. but then i thought, \"why do we let airlines get away with this shit?!?\" it's not right. part of the cost of that airline ticket is purchasing a guarantee that you & your belongings will arrive safely at their destination.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-827251-100x100.png\")
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.
@Shrew2u:
Yep, good ole consumer fraud.
Another important issue:
How much time does the baggage handlers have to open and search each bag? They don't. So unless the screening agent is tagging the bag for future theft (not likely but is possible), how would the baggage handlers know to search the specific bag?
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-129508-100x100.png\")
@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.
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.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-120941-100x100.png\")
@chocolate1234: Yup, one of my friends got his xbox stolen from his suitcase when he was coming to college. And now I think very carefully about what I put into my checked luggage.. jeans and everything. Better safe than out hundreds of dollars of stuff.
But still, wouldn't you think they'd have a tracking system to prevent stuff like this?
@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.
@Collie:
They charge you for carry on? I haven't heard that. I know they're charging for checked luggage. Either way, I'd pay the fee to carry it on with me. I've carried on a laptop, big purse, and a duffel bag stuffed with dvd's and other electronics just because I was afraid of something like that happening to me.
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?!
@bmcclure937: Is there a way to remove the cc info from your live account? I know you can edit it, and probably put in something fake, but that would be technically credit card fraud and I'd rather not run the risk. I'd much prefer not to have a linked cc so that Gold does not automatically bill me when the year runs out and, like you said, it is much cheaper at Amazon.
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
@craptastico: I wonder if they had just coughed up $1700 immediately if this lawsuit would have happened. Not saying that justifies the amount, but people get pissed when given the runaround.
@tc4b: i think if he'd valued his xbox around $300 or whatever it's actually worth, he'd have gotten it. a few years ago i had a watch and some change stolen from my luggage (maybe worth a total of $100) and Continental sent me a $250 flight voucher almost immediately. come on now, $1700 for an Xbox?
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.
@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.
@Myownheroine: If we could get a user pays system, opposed to what we have now, where someone can file a suit for a ridiculous amount of money, in anticipation that the company or individual will settle for less, it would. If someone knows that they've got to pay the defendant's legal bill should they lose the suit, most would think twice about filing frivolous suits such as these.
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.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-540837-100x100.png\")
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.
@MrDo: Yeah at first I thought it was a Yale law student who did this, and was amazed at the stupidity. Film student, however, I'm a little more willing to forgive.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-483565-100x100.png\")
@MrDo: He was taking it back home for winter break, judging by the date; it's possible that his dorm is one that gets rented out over holidays, or that students are discouraged from leaving valuables.
However, it's also possible he just wanted to bring it back, and I'm thinking if so that wasn't a great plan.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-321187-100x100.png\")
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?
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-494190-100x100.png\")
@tc4b: Yeah, but it's the wrong kind of media attention. Remember the judge who sued his dry-cleaner; there wasn't a whole lot of sympathy for him. Guy gets his Xbox stolen, I feel bad for him. Guy gets his Xbox stolen and requests treble damages from those who lost it, I think he's doing the right thing. Guy gets his Xbox stolen and asks for upwards of 1000 times its value... that's more in the realm of farce and doesn't help his claim at all.
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.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-6740-100x100.png\")
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.
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.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-519133-100x100.png\")
\"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.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-79689-100x100.png\")
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.
Good ol US Airways...
Here is how I learned about the electronics F'd in the A clause...I travelled US Airways over xmas one year and on my way back I took some Playstation 2 games with me (some mine, some belonged to a friend) b/c I was planning on selling them online. This was pre-PS3 era so they were still worth a decent amount of money.
When I pick up my bag I was surprised to see everything fall out the moment I picked it up due to a large slit on the side of my bag. Like...blatant knife wound.
Upon further inspection, I find I'm missing just 8 games...the eight games that just happen to be the most recent, more popular of the games I had been packing. How convenient.
Of course I went to US Airways and filled out some paperwork. The lady even told me about the electronics clause and how I probably wasn't going to get anything...and that's exactly what happened.
Needless to say I don't fly US Airways anymore and I most definitely pack electronics with my carry on.
It seems like most people here think this lawsuit is absurd. What about the lawsuit for the guy who had to sit in the bathroom for hours during a flight? Is sitting in a bathroom for a few hours worth millions more than an Xbox?
It's funny because the thing that would piss me off the most is that the person that stole it would have access to and free range to do what they want with my Xbox Live account. Is this win? :-(
A million bucks is excessive. I think he was really trying to make a point though. There's no way in hell he'd get a million out of this.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-437936-100x100.png\")
I worked as a baggage handler pre 9/11. Theft was rampant. It can only be worse now that baggage cannot be locked.
If the student had Xbox Live could the box be traced by IP addy?
Why don't they just post a sign that says they aren't responsible for anything, like the car washes do? Just have a sign that says we can steal from you and that'll make everything fine.
What this guy has failed to comprehend is that his name will now forever be attached to what 99.5% of the country would call a frivolous lawsuit, and it will be found in every background check ever performed on him when he attempts to find a real job when the \"film studies\" thing doesn't pan out.
I hope his parents are loaded, because he probably just cost himself hundreds of thousands of dollars in lifetime earnings for being nothing short of a tool.
File a claim and collect your compensation, but when you feel the need to claim an Xbox is worth $1,700 much less $1 Million - well let's just say you're a moron and deserve what negative publicity you get.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-643587-100x100.png\")
This is why terrorist attacks happen.... no, not because the airlines are a bunch of d-bags, which they are, but because the americans (for the most part) have crap ethics, and the rest of the world hates us for it.
I would have done the same exact thing he did. A new xbox is not what is required to fix the problem, that only prolongs it. There should be huge fines for theft like this, that way corporations would get their act together and start policing their own employees. Whether it is American Airlines or TSA, it doesn't matter, fines are what fix problems.... that and bad publicity.
The kid didn't get into Yale for being an idiot, he knows what he's doing. Go ancient 8.
Something's not right with a policy of \"its not our fault if we 'misplace' your stuff, as long as its less than 3500 dollars.\" Whether or not its a good idea to check electronics is irrelevant; something needs to be done about it. I'm glad that this student is taking the initiative.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-580579-100x100.png\")
For those concerned about credit card loss, MS can remove your credit card information from your gamertag. When our two were stolen a few months ago I called MS and also asked that further purchases be blocked. I don't know for sure if they did, but I haven't seen any charges to Microsoft since the theft.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-390449-100x100.png\")
The Cincinnati Enquirer says the student is asking for $1,700 for the XBOX
Was this a gold encrusted Xbox with Plantinum controllers?
Otherwise this just shows he's being stupid/filing frivolously.
Be accurate on the cost of the xbox and I would be more willing to entertain the claim of 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.\" as a warning to airlines to get it together.
But as it stands now they both suck.
Normally I am against lawsuits that are outrageous like this but since its US Airways I will actually be rooting for this guy. US Airways is the scum of the airline business.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-76955-100x100.png\")
Isn't all this theft from checked luggage a potential weak point that those terrorist could exploit. If baggage handlers can willy nilly steal (and move drugs) what keeps them from planing bombs.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-869432-100x100.png\")
By delivering your luggage to the airline or the TSA it would seem a bailment condition is created. Since you as the flyer do not design, implement, or manage this process (or processes), your responsibility should be to understand the normal problems associated with this process.
Theft should not be a normal step of the process.
It should be fairly easy to place an RFID tag on each and every piece of luggage checked. This tag could then track who touched the bag, if it was opened, who opened it, when it was opened, did it weigh more or less at the end of the flight than it did at the beginning, etc. The tag could also trigger a recording of the inspection when performed at the \"official\" inspection table which cold be reviewed later if any problems arose.
We always hear about the things missing from luggage which seems too blatant to believe, or the luggage being lost or damaged. There seems to be a hole in the safety arguement that the \"trustworthy\" thieves are protecting us from terrorists. What if one of these \"honest\" people added something to the luggage like a bomb or drugs or weapons?
I suspect the poor passenger would then be blamed when the damage was discovered.
Wow...what a ridiculous amount of money. This guy lost any sympathy from me with this.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-384485-100x100.png\")
There are arguments to get around the $3300 limit, such as that it doesn't limit claims for intentional theft and/or \"non-economic distress.\"
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-451722-100x100.png\")
Their \"publicly\" know policy adbout electronics in checked bagagge is for damages to the electronics, not for electronics taken out of the bags. Also, why is the spoke person talking about lost luggage compensasion limits? The kid did not declared a \"lost\" suitcase. His lugagge arrived to the destination, but Mr. glue hands removed something. That kills the \"lost lugagge\" nonsense, right there. Regardless of what we think about this child and his suit, I wouldn.t be surprised if he wins the case.
I am pretty sure you can remove the hard drive from the XBox 360 easily, so the best solution would have been to pack the bulky, hard-drive-less Xbox in the checked bag, and then the hard drive in your carry on. This way at least your information will not be stolen.
Yes you would still be out some money for the lost Xbox, but it would be a lot easier to put the hard drive into a new system (microsoft will assist you) than to purchase a new system and have to replay all your games to get those save files back.
Usually if you have THAT much of an emotional attachment to something, you put it in your carry on. Yes, it's annoying, but it's certainly not uncommon. He was just being careless.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-387761-100x100.png\")
His XBox is how his ex-XBox?
Given that Microshaft's POS is a POS, they probably did him a favour.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-465055-100x100.png\")
Maybe if he devoted his studies to law rather than a worthless degree, he'd stand a chance. Until then, he's up shit's creek.
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Everyone should know this by now: DON'T PUT ANYTHING OTHER THAN CLOTHES IN YOUR SUITCASE!!
I worked as a baggage handler for about 5 years at LAX, this guy doesn't have a case at all, When you check in you are supposed to notify the airline of anything you might have that is valuable in it. Usually they make you sign a waiver for it because luggage is designed for clothes, that is why there is no internal padding (in most cases) in your luggage.
If airlines were liable then people could put Ming vases in them and sue the airlines out of existence. Don't check valuables. Not just TSA screeners but baggage handlers and even airline employees check your shit out (I have never stolen anything, but boy have I been tempted). Don't make yourself an easy target, spend a couple $$ and ship it Fedex, that way you can get it insured, or just take it on board with you.
For someone who attends Yale you would think he would have common sense.
OK \"Film Studies\" what a moron.
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So how do I get one of these baggage handler positions so I can start stealing laptops and Xboxes? My bf really wants a Wii...
I understand the airline not taking liability for damaged electronics. But for it to be outright GONE, that is another story. That is theft plain and simple.
When I go skiing, for example, I sign a form holding the ski resort harmless should I be injured or killed while taking part in the activity at their resort. That certainly doesn't give them the right to walk up to me and stab me with a knife.
I think there is a definite difference between accidental damage and theft.
I know we all want to blame the victim for being stupid but in reality, it's not irrational to expect that if you're being charged for your checked luggage and not allowed to lock it that the baggage handlers won't steal your shit. I hope this kid wins the million dollars and airlines start thinking \"shit, we'd better not hire any more f-ing thieves.\" I mean, the post office doesn't have this problem, so why can't we just set up a similar system? No more excuses.
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I guess it's time to start disposing of all the old, dead and off lease laptops by putting them in your luggage.
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TSA - what a fucking joke
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If he were buying things off of Xbox Live his credit card would be tied to his gamertag which is easily accessible as soon as the person plugs it into the wall. If that is the case, he should sue for that much money.
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TSA is well known for robbing luggage blind, this is no surprise. Ever since they required the easy-pilfer locks on all luggage, I now carry anything valuable with me, and check in all my liquids over 4 ounces. It's ridiculous, but all I risk losing is dirty laundry and a bottle of water.
Seems the TSA could afford to put a few of their superduper surveillance cameras in the area where TSA workers are looking through luggage and stealing objects as large as an Xbox. If they can't even stop their own employees from ripping off travelers they are supposed to \"protect,\" then what hope do we have in their more difficult observational duties?
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Last year US Airways lost my Dell XPS 1210 laptop, Wacom Intuos 3 tablet, external hard drive and more.
I contacted US Airways to track is down. I never got anything back. Since electronics aren't covered, that was the end of that road. They sent me a letter to tell me that it was a valuable experience and that they will definitely learn to improve from it.
I haven't checked anything since, and US Airways has lost my business. Sure, maybe it's the TSA after all. But I still get depressed every time I see anything US Airways, so that's that.
It was only after my mishap that I caught the below article:
In the lost luggage category, \"The baggage bunglers of the year were US Airways, Delta and American, in that order. US Airways mishandled about one bag for every 130 passengers -- roughly one on every flight,\" according to Scott McCartney, the astute travel columnist for the Wall Street Journal.
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That sucks. This rampant theft has got to stop. What can we do, though, if we need to fly somewhere? It's not like we can just not go into their store or something.
Next time he should ship it FedEx and they can put a Declared Value on it. Just costs a few bucks, and if they lose it or something happens to it, they will send a check. Also, you can make sure it has to be signed for at the other end. I just shipped somebody's laptop FedEx on Monday and it got there just fine.
If it's really that valuable use it as your carry on!! Duh people!? What is this world coming to..
This joker will never get $1M. He will get enough money for a new XBox and then he will be kicked to the curb. This whole lawsuit will be settled out of court.
This is one of many reasons our civil court system needs reform. It should not even be possible to file a suit for this amount of money on a lost piece of luggage.
I am thinking a very simple form. Value of lost article * 2 (or some other reasonable number to cover the court fees) = max you can sue for. Things like this should never make it past the court clerk's office.
I completely disagree. As others have said, his luggage was specifically targeted and items were stolen. The bag didn't disappear, someone pick and chose what they wanted.
MOST IMPORTANTLY, while I detest frivelous lawsuits, I agree with this. A 360 HD can have hundreds, even thousands of hours of game saves on it. I know I have countless hours across 30 360 games that I could never get back. I absolutely agree 100% with the emotional distress aspect of the suit. Seriously, just think about how you'd feel if all of your work for the past three years was gone because of the airlines lax security.
I wonder if he even had a 360 at all? I think this is a a scam to get a free Xbox or to get some money.
what idiot puts electronic gear in their checked baggage?
the guy has clearly done very little traveling. I bristle with techno-gear when I travel - and none of it goes out of my sight, ever.
I'd rather have the carry-on weight in my backpack of Ipod, laptops, external hard drives, GPS, multimedia drive etc - than ever be naive enough to assume that there's no one working behind the scenes who wouldn't steal an item if given the chance.
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Have Nintendo DS - will travel (leave the xbox at home next time homie)
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People travel everyday through TSA. Many of them have laptops.
Do they check them in their luggage?
I've been through TSA with my original Xbox a couple of months ago (NOT 360) and Atari Jaguar. Approximate value of both of these items: $40 for Xbox, -$25 for Jaguar.
Did I check these in my luggage?
I travel a lot for business and I always have to take tens of thousands of dollars worth of equipment with me. Do I check it in my luggage?
I have a few hundred dollars in various denominations and some diamonds and I'm going on an airplane.
Do I check them in my luggage?
No, it's goddamn common sense. You don't leave anything remotely valuable in your luggage. They generally won't steal your clothes because that's fucking gross.
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Somewhere, someone is shooping a Dr. Evil picture with an xbox on his lap.