Practical Travel Safety Issues - TSA broke my laptop




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MSY-MSP
Dec 20, 04, 1:03 pm
Well here is the story

Yesterday evening, I was leaving from IAD. I get through that sorry excuse they have for lines there, and place my items on the conveyor belt, and here is where the problem starts. They are running two Xray lines with a single WTMD, so you have twice as many people trying to get through a single WTMD. Anyway, the line of people backs up to walk through. Further, over half the people going through are either SSSS or getting sent to the secondary for alarms, or not following the stupid directions. The result of this process is that the exit side of the X-Ray machine is getting really backed up as no one is clearing their items from the belt, because they are in secondary.

Anyway, my stuff goes through the X-ray in a specific order as requested by the TSA folks (Tray items first, then your luggage). While I am waiting to clear the WTMD, I see my items come out on the other end. Eventually, the tray that has my laptop in it is pushed over a portion the other trays at the end of the belt. At this time one of the TSA people who is managing this line decides to start pulling the trays off the belt, as they need more trays. Well she starts pulling the trays, and pulls them so hard that several of the trays flip off the belt, because of her forcefull movement of the trays. The contents of these trays ends up on the floor of the xray side of the belt, including my jacket, shoes and my laptop, as well as another persons belongings. Once I got through the line I picked up my stuff and checked my laptop. Open it up and discover that the screen is cracked in areas and shattered in others. I show it to the screener and say look what you did. Her response, you should have gotten here sooner. :mad:

Ask for a complaint form and a supervisor. Explain the situation to the supervisor, who despite everything, was actually understanding. He gave me a form for damaged property, and told me to fill out the details. He even signed it under the description of event/loss area. However, he told me it is unlikely that I will see any money from TSA for the damage.

Unfortuantely, the repairs/replacement will come out of my pocket, as I don't have the lovely insurance/corporate replacement plans that many of you have. I have called my insurance company, and they said they would get back to me on what they may or may not pay, but my guess is around $500 if I am lucky.

Just thought I would share this with you all. What would you have done in this situation?


Spiff
Dec 20, 04, 1:06 pm
Unfortuantely, the repairs/replacement will come out of my pocket, as I don't have the lovely insurance/corporate replacement plans that many of you have. I have called my insurance company, and they said they would get back to me on what they may or may not pay, but my guess is around $500 if I am lucky.

Just thought I would share this with you all. What would you have done in this situation?

Get the screener's name and take them to Small Claims Court if the TSA does not pay for the damage. I would have filed a police report for the damaged property to make the filing of the lawsuit in Small Claims Court easier.

mizzou65201
Dec 20, 04, 1:12 pm
Yep. Screener's negligence + your damages = $$$ hopefully coming your way.

Only problem for you is that you live in MSP and the claim occurred at IAD. You'd have to sue in Virginia.


FightingIlliniUAL
Dec 20, 04, 1:23 pm
Well it isn't like its a dead deal just yet. Since this happened yesterday evening, I would still file a police report over the phone if possible, and utilize power of attorney in VA to file a suit.

Spiff
Dec 20, 04, 1:24 pm
Since the TSA apparently craps all over its employees as it does the travelers, the screener probably won't get the day off to go to Small Claims Court, so you might be able to win damages uncontested. :D

studentff
Dec 20, 04, 1:30 pm
Even though it is after the fact, consider filing a police report with whatever LE agency has jurisdiction at IAD. I'm not sure if you can do that remotely. Take photos of the damage to your laptop ASAP, before commencing any repairs or diagnostics.

Followup on the damage claim with TSA after a few weeks (maybe a month or two?) if/when you haven't heard anything. Be polite but angry. Imply or state that your attorney is getting involved and mention the police report.

As for the laptop, if it is older and/or out of warranty, it may not be worth replacing the LCD, certainly not at the cost the OEM will charge you for a new LCD. Depending on your comfort level dealing with fixing electronics, consider checking out alternate sources (i.e., ebay, web vendors) looking for a replacement LCD and either replacing it yourself (30 minutes with screwdriver and laptop tech manual) or having a local, non-brand-affiliated computer repair shop, do the replacement. There is rarely a reason to spend $500-$1000 to replace the LCD on a laptop when a new model can be purchased for $800-$1200. Also, connect the thing to an external monitor and make sure the rest of it still works before investing in fixing the LCD--the LCD may be the only visible damage but not the only damage.

Edit: One more thing--consider asking (telling?) the LE at IAD or TSA to preserve the video from the checkpoint. If the video shows the screener being as negligent as you describe, you might be able to push and get the screener fired. I don't know about you, but if it were me, getting the screener-at-fault fired and held accountable would provide tremendous personal satisfaction.

MSY-MSP
Dec 20, 04, 1:51 pm
Yep. Screener's negligence + your damages = $$$ hopefully coming your way.

Only problem for you is that you live in MSP and the claim occurred at IAD. You'd have to sue in Virginia.

As a Lawyer, I had already thought of this. My folks live in VA, so suit is easy to file.

However, venue will be a fun one. First of all IAD is in Loudon and Fairfax Counties. I believe the terminal is in Loudon. So Loudon the most likely venue. Second of all, the WMAA, has their own police, and operate under a different jurisdiction than the regular police. And they likely won't take a report, as a crime wasn't commited. The screener was definately neglignet, but this doesn't rise to the level of criminal negligence. Unlike a traffic accident, where there is a crime commited, (traffic violations are crimes, just very minor ones). The other thing is I don't think I could really prove intent.

Further, the question remains does this screener have any money to go after. No money to go after probably not worth it.

edited to add: StudentFF good idea about the video. hadn't thought of that one.

DevilBucsFlyer
Dec 20, 04, 1:54 pm
Don't you carry your laptop in a protective bag or case? Why did you take it out of the case to send in through the xray machine ??? ;)

debua1k
Dec 20, 04, 2:28 pm
Don't you carry your laptop in a protective bag or case? Why did you take it out of the case to send in through the xray machine ??? ;)
It is required that the laptop come out of the case to go thru the xray...

bursa
Dec 20, 04, 2:32 pm
I think it's required to take laptops and videocameras out of their cases for the x-ray. In-Out-Off:

Quote from TSA:
Keep available your airline boarding pass and government-issued photo ID for each adult traveler until you exit the security checkpoint.

* Place the following items IN your carry-on baggage prior to entering the screening checkpoint:
o Mobile phones
o Keys
o Loose change
o Money clips
o PDA's
o Lighters
o Large amounts of jewelry
o Metal hair decorations
o Large belt buckles
* Take your laptop and video cameras with cassettes OUT of their cases
* Take OFF your outer coat, suit coat, jacket, or blazer.

DevilBucsFlyer
Dec 20, 04, 3:16 pm
Don't you carry your laptop in a protective bag or case? Why did you take it out of the case to send in through the xray machine ??? --->>>>> ;) <<<<<---

Apparently the previous responses to my post missed the ";)"

wck4
Dec 20, 04, 3:16 pm
I realize this doesn't help you now, but maybe it will help someone else in the future. The screeners I've dealt with are usually very understanding about wanting to hold your laptop out of the x-ray until just as you are about to go through the metal detector.

This has happened few times when I've flown, the last one I can remember was at SEA in October. The lline to go through the metal detector was long, and a lot of folks were pushing their items through the x-ray, then queueing for the metal detector, and letting their stuff wait for them on the other side. I loaded my stuff up to the start of the x-ray belt, then stood there with my hand on my laptop. The screener started to push it through the machine anyway, and I politely said "I'm sorry, but I have extrememly sensitive data on this machine and I can't let it out of my sight for more than a moment while it's going through. I'd like to wait until the backup right now clears."

He was fine with that- I stood there 10 seconds, the queue for the metal detector cleared out, and I went through & grabbed my laptop back from the x-ray. So, while it is true that I have sensitive information on my laptop, it's all encrypted, and it's not a huge huge huge deal if I lost it. So I kind of white-lied. I've done it everytime there was a back up, and never been challenged on it- I just really don't want to go through the hassle of replacing it and everything on it, and there's not control over who takes what off the end of the x-ray belts. YMMV, but give it a try next time- just wait with the item at the start of the xray, feed it through & go through the metal detector, the wait for it to emerge from the x-ray. If you're polite about it, I can't see it being a big issue.

LightingGuy
Dec 20, 04, 3:34 pm
I do the same thing with my laptop. I see no need to let it drift about on the belt without my being nearby. Most, but not all, locations are sympathetic to this request. A few locations start to argue with me about delaying the line, which is nonsense.

Spiff
Dec 20, 04, 6:15 pm
Further, the question remains does this screener have any money to go after. No money to go after probably not worth it.


Negligence should suffice. And since the screener is a TSA employee, you can garnishee the screener's wages. ^

Psychocadet
Dec 20, 04, 7:15 pm
A traffic violattion is NOT a crime. It is a Violation. Crime generally refers to Misdameanors and Fellonys.

mizzou65201
Dec 20, 04, 7:23 pm
A traffic violattion is NOT a crime. It is a Violation. Crime generally refers to Misdameanors and Fellonys.

Depends on the state. In many places, violation of some (if not all) traffic laws is considered a low grade of misdemeanor. In any event, it is a violation of state code or statute, not a common law tort.

jerry crump
Dec 20, 04, 8:06 pm
I would contact a Congressman or Senator and have them request a copy of the video. Congressional contact often helps with INS matters. It might get TSA attention. Especially if you have filed the proper claims.

Boofer
Dec 20, 04, 8:30 pm
As a Lawyer, I had already thought of this. My folks live in VA, so suit is easy to file.

However, venue will be a fun one. First of all IAD is in Loudon and Fairfax Counties. I believe the terminal is in Loudon. So Loudon the most likely venue. Second of all, the WMAA, has their own police, and operate under a different jurisdiction than the regular police. And they likely won't take a report, as a crime wasn't commited. The screener was definately neglignet, but this doesn't rise to the level of criminal negligence. Unlike a traffic accident, where there is a crime commited, (traffic violations are crimes, just very minor ones). The other thing is I don't think I could really prove intent.

Further, the question remains does this screener have any money to go after. No money to go after probably not worth it.

edited to add: StudentFF good idea about the video. hadn't thought of that one.


FWIW, the Washington Metropolitan Airports Authority has the police force. It's the same police department for both IAD and DCA. They're a really good, professional department with every bit the skills and experience of a big-city department like the DCPD. Give them a call at (703) 572-2950, and they'll help you out as best they can.

JennyElf
Dec 21, 04, 6:47 am
I do the same thing with my laptop. I see no need to let it drift about on the belt without my being nearby. Most, but not all, locations are sympathetic to this request. A few locations start to argue with me about delaying the line, which is nonsense.
Heck, I do the same with all my carry-on, laptop or no. I'm not letting my purse out of my control for an extended period of time either. Most of the time, I haven't run into any problems.

eyecue
Dec 21, 04, 7:59 am
Well here is the story

Yesterday evening, I was leaving from IAD. I get through that sorry excuse they have for lines there, and place my items on the conveyor belt, and here is where the problem starts. They are running two Xray lines with a single WTMD, so you have twice as many people trying to get through a single WTMD. Anyway, the line of people backs up to walk through. Further, over half the people going through are either SSSS or getting sent to the secondary for alarms, or not following the stupid directions. The result of this process is that the exit side of the X-Ray machine is getting really backed up as no one is clearing their items from the belt, because they are in secondary.

Anyway, my stuff goes through the X-ray in a specific order as requested by the TSA folks (Tray items first, then your luggage). While I am waiting to clear the WTMD, I see my items come out on the other end. Eventually, the tray that has my laptop in it is pushed over a portion the other trays at the end of the belt. At this time one of the TSA people who is managing this line decides to start pulling the trays off the belt, as they need more trays. Well she starts pulling the trays, and pulls them so hard that several of the trays flip off the belt, because of her forcefull movement of the trays. The contents of these trays ends up on the floor of the xray side of the belt, including my jacket, shoes and my laptop, as well as another persons belongings. Once I got through the line I picked up my stuff and checked my laptop. Open it up and discover that the screen is cracked in areas and shattered in others. I show it to the screener and say look what you did. Her response, you should have gotten here sooner. :mad:

Ask for a complaint form and a supervisor. Explain the situation to the supervisor, who despite everything, was actually understanding. He gave me a form for damaged property, and told me to fill out the details. He even signed it under the description of event/loss area. However, he told me it is unlikely that I will see any money from TSA for the damage.

Unfortuantely, the repairs/replacement will come out of my pocket, as I don't have the lovely insurance/corporate replacement plans that many of you have. I have called my insurance company, and they said they would get back to me on what they may or may not pay, but my guess is around $500 if I am lucky.

Just thought I would share this with you all. What would you have done in this situation?That's a shame :( . Police report is out of the question though as no crime or criminal intent occurred. It will be interesting to see how far you can get with this. Since you have the resources and knowledge to effect something, give it a shot. I believe that you are going to have issues with getting the screeners information, the video footage and many other aspects.

exerda
Dec 21, 04, 8:17 am
I sure hope you get something out of this ... is there any chance that TSA itself could be held liable for the damages as it was one of their employees who did it?

My current laptop (which was only 1 month old at the time) was damaged by screeners in the Bahamas--cracked the casing on a corner only and not the screen, fortunately. There was pretty little I could do about that, unfortunately. :(

Doppy
Dec 21, 04, 10:07 am
I realize this doesn't help you now, but maybe it will help someone else in the future. The screeners I've dealt with are usually very understanding about wanting to hold your laptop out of the x-ray until just as you are about to go through the metal detector.
I get attitude from them all the time when I refuse to put my stuff on the belt until I know I can get through the WTMD. If the WTMD is blocked, my stuff stays on the land side of the x-ray machine with me. When they tell me to put my stuff through I tell them that I want to keep my belongings in sight at all times, which usually shuts them up, but they're still snippy about it.

I'm sure theft and damage are out of the norm, but I'm also sure I don't want to be the victim. I watch my stuff like a hawk.

asdca
Dec 21, 04, 1:26 pm
Heck, I do the same with all my carry-on, laptop or no. I'm not letting my purse out of my control for an extended period of time either. Most of the time, I haven't run into any problems.

I got sent to secondary at HPN as punishment once for asking to wait to put my purse through xray until I was about to walk through. :rolleyes:

bocastephen
Dec 21, 04, 1:49 pm
I never go through the metal detector until my stuff has entered the x-ray and is out of reach. I sometimes get questioned (or given a stern 'move along' order), but I reply "when my property is in the x-ray", and it's a non-issue from there.

Back in the pre-9/11 days, recall that 20/20 ran a hidden video expose on Gypsies stalking airport security lines where they watched for someone leaving a wallet, purse, etc on the belt and walking through the metal detector - they would grab it and run. I doubt the TSA would make any effort to protect my property, so it's up to me to do so.

Spiff
Dec 21, 04, 3:58 pm
That's a shame :( . Police report is out of the question though as no crime or criminal intent occurred.

One routinely files a police report for traffic accidents to document the loss, even if no one is technically at fault.

Just because one has not committed a crime, one is still liable for one's negligent actions. Even if one is not criminally liable, they can still be found to be liable for civil damages.

robodeer
Dec 21, 04, 4:24 pm
I get attitude from them all the time when I refuse to put my stuff on the belt until I know I can get through the WTMD. If the WTMD is blocked, my stuff stays on the land side of the x-ray machine with me. When they tell me to put my stuff through I tell them that I want to keep my belongings in sight at all times, which usually shuts them up, but they're still snippy about it.

I'm sure theft and damage are out of the norm, but I'm also sure I don't want to be the victim. I watch my stuff like a hawk.

i've seen a lot of people who walk through without pushing their things in the machine, or leave multiple trays out waiting for their shoes to come down first before grabbing anything (which they took off and put through last).

watching your stuff is good practice... i've never had a problem when i offer them to be there to push my own stuff through.

robodeer
Dec 21, 04, 4:27 pm
I got sent to secondary at HPN as punishment once for asking to wait to put my purse through xray until I was about to walk through. :rolleyes:

ever see someone walk through with a cellphone, bag, etc... setting off the alarm.

*beep*

"the bag needs to go inside the machine"

"what?"

[the person backs up a little bit and walks through again]

*beep*

"ma'am/sir step over here"

"oh, it must be because i look 'suspicious'"

:p

underpressure
Dec 21, 04, 4:30 pm
Just my 2 cents....

Before we throw the baby out with the bath water, can we wait to see what TSA does on the claim?

The supervisor who said he doubts anything will happen should be reprimanded.

If it is a valid claim, where is the problem here?

Seems like we are a bit too quick to be critical of a system that I for one (and I am betting some of the rest of you) have exactly zero experience.

I have submitted a theft from baggage claim and was reimbursed within 30 days of submission of my claim.

Cholula
Dec 21, 04, 10:04 pm
Another way to help ensure you'll meet your laptop when it exits the WTMD is to send it through in your laptop case. When the screener says "Hey, what's in your bag?? :mad: We told you to remove your laptop!!" You can just say "OOPS :o " and wait for them to remove it and send it back through the WTMD as you wait at the other end.
Now there is a danger they won't remove and handle it as carefully as you would have but, hey, this is just another option to consider....

LightingGuy
Dec 21, 04, 11:14 pm
Another way to help ensure you'll meet your laptop when it exits the WTMD is to send it through in your laptop case. When the screener says "Hey, what's in your bag?? :mad: We told you to remove your laptop!!" You can just say "OOPS :o " and wait for them to remove it and send it back through the WTMD as you wait at the other end.
Now there is a danger they won't remove and handle it as carefully as you would have but, hey, this is just another option to consider....

There's a good chance you'll be watching your laptop go through while being fondled in secondary.

eyecue
Dec 21, 04, 11:32 pm
One routinely files a police report for traffic accidents to document the loss, even if no one is technically at fault.

Just because one has not committed a crime, one is still liable for one's negligent actions. Even if one is not criminally liable, they can still be found to be liable for civil damages.Traffic accidents are a different matter. They are investigated to 1. Gather statistics, 2. Determine if a law is violated. The big element in a crime is malice. The elements of malice are: Intentionally,Knowingly,wrecklessly or with criminal negligence. Allowing the xray belt to fill to capacity and then having some careless TSA agent come along and spill out the contents of the tubs doesmt constitute a criminal act. Therefore the police are not going to get involved. It is a TORT.

robodeer
Dec 21, 04, 11:49 pm
Traffic accidents are a different matter. They are investigated to 1. Gather statistics, 2. Determine if a law is violated. The big element in a crime is malice. The elements of malice are: Intentionally,Knowingly,wrecklessly or with criminal negligence. Allowing the xray belt to fill to capacity and then having some careless TSA agent come along and spill out the contents of the tubs doesmt constitute a criminal act. Therefore the police are not going to get involved. It is a TORT.

i saw a couple slam their things on the table, taking a laptop out and leaving all items behind as they stormed through the metal detector.

the husband i presume, started slamming his things (and others as well) on a table (to repack) and put his laptop on the edge. one exaggerated push later and the laptop fell off and hit the floor. he traded some words with another passenger that owned the other items that he was slamming on the table... and later on, what i presume was a request for a claim form (for the laptop).

someone came out and started talking to him to see what was up, and he started telling them a slighty different version of the story. himself not at fault, TSA agent(s) running rampant-etc.

i sort of wonder how many such complaints, genuine or otherwise... that they get.

Spiff
Dec 22, 04, 12:25 am
Traffic accidents are a different matter. They are investigated to 1. Gather statistics, 2. Determine if a law is violated. The big element in a crime is malice. The elements of malice are: Intentionally,Knowingly,wrecklessly or with criminal negligence. Allowing the xray belt to fill to capacity and then having some careless TSA agent come along and spill out the contents of the tubs doesmt constitute a criminal act. Therefore the police are not going to get involved. It is a TORT.

Wrong.

They are probably not going to write the negligent screener a ticket but they will document a damaged/stolen laptop.

It's the same if your cell phone gets damaged or lost - the cell phone insurance company wants a police report filed, even if no one is to blame.

MSY-MSP
Dec 22, 04, 10:35 am
Follow-up part 1 (I have a feeling there are going to be more)

Called the WMAA police department. Very nice folks to deal with. Told them what happened. Asked if I could file a police report for my insurance company. Was told that they do not file police reports for damaged personal items. The only police reports they take are for stolen items, traffic accidents, or physical altercations. The officer I spoke two said they get 10's of calls a day for damaged items. This seems to be a regular occurance that stuff gets dropped.

Filed the damaged item report with TSA. Will see how long that takes to get back. Not holding my hopes up for this but will see what will happen.

doctall41
Dec 22, 04, 1:44 pm
Wrong.

They are probably not going to write the negligent screener a ticket but they will document a damaged/stolen laptop.

It's the same if your cell phone gets damaged or lost - the cell phone insurance company wants a police report filed, even if no one is to blame.

If they broke my laptop, and if I didn't mind an overnight jail stay, I would be tempted to take my broken laptop and throw it at the WTMD computer screen and shatter it. That's the only way you will help pay for your loss, is by causing them to have a loss.
Of course, that whole scenario is ridiculous, and I admit that, but it would probably make me feel better for a few seconds. :)

Doppy
Dec 22, 04, 1:53 pm
There's a good chance you'll be watching your laptop go through while being fondled in secondary.
As long as you're keeping an eye on your stuff at all times. This is another place where they sometimes get snippy with me.

I require that my stuff be in my sight at all times. That means I don't turn around for wanding, etc., and leave my stuff behind me, or walk anywhere where my view of my stuff would be obstructed. After me repeating three or four times that I'm not going to let my belongings out of sight, they usually shut up about it.

I don't try to give the screeners a hard time. Most of the time it's not their fault the policies suck. But they also don't really care what happens to my stuff. I'm the only one who cares if my stuff gets damaged or stolen, or a bomb gets slipped into it or who knows what.

DevilBucsFlyer
Dec 22, 04, 4:38 pm
The only police reports they take are for stolen items, traffic accidents, or physical altercations.

So I guess if you would have smacked the TSA agent, a police report wouldn't have been a problem. Did you mentions the words "serve" or "protect" when you called?

eyecue
Dec 22, 04, 10:34 pm
Wrong.

They are probably not going to write the negligent screener a ticket but they will document a damaged/stolen laptop.

It's the same if your cell phone gets damaged or lost - the cell phone insurance company wants a police report filed, even if no one is to blame. The incident that you describe could be a fraud. The computer issue is not. As posted by OP they refused to take a report.

Spiff
Dec 23, 04, 7:37 am
The incident that you describe could be a fraud. The computer issue is not. As posted by OP they refused to take a report.

Insurance policies are written for laptops, too.

Lloyds of London will insure anything, for a price. ;)

danielonn
Dec 23, 04, 11:50 pm
What,

I can't believe the TSA broke your laptop. Whenever I brought my laptop they treated it with utmost respect. If I were you I would sue for the most money and you can say this has your business info. What if you lost precious work=lost money? The TSA needs to pay you for the computer and for the lost time if you had meetings to attend. By the DaVinci Code one who breaks is the one who must replace since this was done with force there are no ifs ands but or ors. Just we'll payfor it.



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