Legal Question in Aviation Law in Florida

luggage theft

Last August my sister flew on Iberia Airlines from Miami via Madrid to Nice, France. When she opened her suitcase she discovered that certain items were missing.

She called Iberia who asked her to file a police report and other documents, which she did.

She has now received a letter from Iberia stating that they are sorry they cannot help her since her luggage was not damaged and there were no visible signs of unlawful entry, so to speak.

The catch is that in Miami, passengers are not allowed to lock their suitcases (because of terrorism laws). So all suitcases are vulnerable to being opened and having their items removed by any luggage handlers without any damage. They can open any suitcase easily and take whatever they want.

Does my sister have any recourse? Her home insurance deductible is larger than the amount she can claim for, so it makes no sense to deal with home insurance.

Shouldn't Iberia compensate my sister?

Thank you.-


Asked on 1/24/08, 3:29 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: luggage theft

These claims are governed by international treaties and are also subject to the Airline's tarrif, which is part of your contract fortravel. It is very wordy, very complex and I think you will find that for the amount involved you are out of luck.

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Answered on 1/24/08, 10:40 am


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