Legal Question in Civil Litigation in Maryland

Small Claims

Is small claims court my best course of action for this problem that happened on an international flight? What are my chances of recovering the full value of my claim?

My personal property was stolen from my checked-in luggage (the suitcase was lost for 3 days). Airline is offering a partial settlement of $700 for a $2,400 claim. The residual is the value of jewelry, but the airline claims no responsibility. The airline is claiming that their 'Conditions of Contract' exclude them from liability (this is usually in the jacket containing your boarding pass). In my research, I have only found one article of law defining the airline�s liability (Warsaw Convention). It limited that airline�s liability to the weight of the baggage, versus the actual value of the property. Based on this I would only recover about $600. Any advice is welcomed. Thank you.


Asked on 5/09/00, 12:26 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Small Claims

The airline is correct. The Warsaw Convention limits liability for baggage loss or damage based on weight. There are exceptions for willful misconduct, but they are hard to prove.

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Answered on 6/26/00, 2:50 pm


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