US Airways steals kid’s Xbox, he sues, airline says it’s not liable for stolen electronics
  • 12 Comments
by Doug Aamoth on March 12, 2009

xboxtheft 

While I’m sure it’s super fun to stuff your gaming console in your carry-on luggage so it doesn’t get stolen, it’s not all that practical. Yale University student Jesse Maiman found that out the hard way when his Xbox 360 disappeared from his checked luggage on a US Airways flight.

According to Cincinnati.com, Maiman’s Xbox 360 “had a specialized hard drive and components he said cost more than $1,000.”

When he retrieved his luggage, he noticed that his bag felt much lighter and, upon closer inspection, found that his console and peripherals had been stolen. Maiman reported the theft to a US Airways employee, which led to “an unconscionable runaround” that lasted for weeks, according to his lawsuit.

The suit calls for $1,700 to replace his Xbox plus at least $25,000 for “non-economic distress” – apparently the maximum amount allowed by law is a million bucks, so it could theoretically amount to far more than $25,000. Anyone who’s had to deal with an airline over lost or stolen luggage may argue that even a million dollars isn’t enough.

It appears that US Airways isn’t concerned, though, as a company spokesperson said the airline wasn’t aware of a lawsuit and, even so, the federal loss limit is $3,300 per piece of luggage. None of that will matter, however, as the spokesperson finished with, “Our publicly available baggage policies specifically exclude liability for electronics checked in luggage.”

So basically any electronics item you leave in your luggage is fair game to steal. Nice.

[via [H]Enthusiast]

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  • The worst part is that you can no longer lock your bags either. Not that they were that effective, they could be easily picked with a paperclip, but they were still a deterrent.

    These “we’re not liable” clauses have to go. I think it’s bullshit for them to say they aren’t responsible that if I check my coat in at a restaurant or something or you get valet parking somewhere and the moron person handling your car leaves it unlocked for anything stolen while the item was in their hands at the time.

    And as far as I am concerned, it costs $15 to check a bag with US Air. You are now paying for a service. They should be responsible for anything that happens during that time in which you pass the bag off to them.

  • no liable for broken electronics is one thing, not liable for a dirt bag employee is ridiculous. Anything an employee does to a consumer is the employers responsibility

  • It’s rather difficult to hold the airlines wholly responsible to damage to or theft of/from luggage when they are not allowed to secure the items.

    How can you prove the theft was due to airline employee misbehavior or TSA?

    Just don’t be an idiot and check anything of any real value. Besides, I am not even sure I would believe a significant amount of the theft claims submitted to the airlines. How the heck do we know that this guy even checked the XBox in the first place?

    “An unconscionable runaround?” Really? Did the guy really expect to walk up to the baggage counter and say, “Hey, my super special toy was stolen, give me $1700!” and have the airline just fork it over?

  • ebay seller #239830432902 - March 12th, 2009 at 12:56 pm GMT+5

    This one of a kind xbox had been upgraded with the best hardware. The upgraded hard drive has 35 games installed……

    No Reserve

  • Anyone who would fly “useless airways” should expect anything to happen.
    They should not even still be in business.

  • The Warsaw convention many years ago has lay out clearly what the liabilities are for airlines regarding loss of luggage. You can claim you have $10M in diamonds stolen or lost but the airline would not car but pay you a few hundred dollars for your troubles.

  • The Warsaw convention many years ago has lay out clearly what the liabilities are for airlines regarding loss of luggage. You can claim you have $10M in diamonds stolen or lost but the airline would not car but pay you a few hundred dollars for your troubles.
    Sorry, should have said good post! Waiting for the next one!

  • !. Read the contact of carriage, you but a ticket = contact says limits of $$$ for your stuff.

    2. TSA people have been arrested hundreds of times for stealing, it is not just airline people pawing around your suitcase.

    3. Pay people minimum wage to work all hours of the day and night and in all types of weather and treat them like *hit, you get what you get: people who can’t get hired anywhere else, can’t afford a Yale education, can’t afford an X-box.

  • It’s nice to know the massive trauma private citizens are put through daily in the name of security theater to stop highly trained terrorist who are always smuggling attacks in their shoes and water bottles has…. has zero effect and petty thefts from disposable secure airport areas. I mean I sure feel safer now knowing that all the things I can’t take on the plane anyway are subject to random theft, meaning zero security and oversight on the airport back end.

  • We had 11k stolen from our bag on 3/4/09 from JFK Aiport through Delta or TSA. We had no idea that our items wouldnt be safe. We plan to also iniate a lawsuit. So far this has been a NIGHTMARE and basically these losers can steal and get away with big dollar items, its complete BS and I would spend my savings just to sue the crap out of these scumbags!!!!!!!!!!!!!!!!!!!!!!!1

  • ihavenomouthbutimustscream - March 18th, 2009 at 9:59 pm GMT+5

    there must be a law or a governing body to prevent this from happening. if this person was an important person the public would have had an outcry.

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