Personal goods damaged falling from overhead bin
May 20, 2013, 5:19 am
#1
Original Poster
Join Date: Oct 2010
Programs: KL, LH, DL, SAS, FI, Marriott, Hilton
Posts: 51
Personal goods damaged falling from overhead bin
On a recent flight TATL, I opened the overhead bin when we landed and another passenger's camera promptly fell out and landed on the floor. I didn't see the item sitting in the bin (I am short and couldn't see into the bin). The passenger claimed that it no longer worked and tried to get the airline to pay using the claim form from the purser. The airline denied the claim because it was not one of their staff that opened the bin.
The passenger is now coming to me to try to get me to pay for his broken camera. I don't feel that it is my fault or responsibility since we experienced turbulence and the items likely shifted in the overhead bins because of this. I also believe that you place items in the overhead bins at your own risk - or am I wrong about this? If the item is that valuable then keep it under the seat in front of you.
Am I wrong to feel that this is not my responsibility? I apologized, of course, but I don't feel that I owe him any money, particularly since I have no guarantee that the camera worked before he boarded the flight. (Maybe I am being cynical here but he could just be trying to con me out of some money by claiming that I broke his camera.)
The passenger is now coming to me to try to get me to pay for his broken camera. I don't feel that it is my fault or responsibility since we experienced turbulence and the items likely shifted in the overhead bins because of this. I also believe that you place items in the overhead bins at your own risk - or am I wrong about this? If the item is that valuable then keep it under the seat in front of you.
Am I wrong to feel that this is not my responsibility? I apologized, of course, but I don't feel that I owe him any money, particularly since I have no guarantee that the camera worked before he boarded the flight. (Maybe I am being cynical here but he could just be trying to con me out of some money by claiming that I broke his camera.)
May 20, 2013, 5:46 am
#3
Original Poster
Join Date: Oct 2010
Programs: KL, LH, DL, SAS, FI, Marriott, Hilton
Posts: 51
Because I stupidly gave him an email address. Won't do that ever again.
That was exactly what I responded that he should do. Then I promptly added his address to blocked senders.
That was exactly what I responded that he should do. Then I promptly added his address to blocked senders.
May 20, 2013, 7:51 am
#4
Join Date: Jul 2006
Location: Portland, OR
Programs: DL MM Gold
Posts: 1,676
Was the camera in a padded case? If not, there's contributory negligence on his part. But how does your not seeing the camera change the outcome? If it was leaning against the bin door when you opened it, then even a tall person would have the same outcome. Did the camera fall only when you pulled your item out of the bin, and you weren't able to look first? I could see how the camera owner might think that was more of your fault. But they still should never have placed a naked camera in a bin alone if that was the situation.
May 20, 2013, 9:29 am
#5
Join Date: Nov 2010
Location: Baltimore, MD USA
Programs: Southwest Rapid Rewards. Tha... that's about it.
Posts: 4,332
I agree with TheRoadie - placing a camera (or any other fragile item) into an overhead bin without a protective bag of some kind is sheer negligence, and any damage to the item is completely the fault of the person who put it there.
I wouldn't stick a luggage tag on a computer or a glass picture frame and check it as baggage without protection, nor would I ever put anything similarly fragile into the overhead.
I wouldn't stick a luggage tag on a computer or a glass picture frame and check it as baggage without protection, nor would I ever put anything similarly fragile into the overhead.
May 20, 2013, 9:46 am
#6
Original Poster
Join Date: Oct 2010
Programs: KL, LH, DL, SAS, FI, Marriott, Hilton
Posts: 51
The camera fell out when I removed my backpack. That's why my not seeing it was important. Had I been taller, I might have seen it and removed it from wherever it was placed before I moved my backpack.
I don't know how much padding the case had. It was an older case - one of those shaped like the camera itself. So it didn't look like it had lots of padding.
I don't know how much padding the case had. It was an older case - one of those shaped like the camera itself. So it didn't look like it had lots of padding.
May 20, 2013, 10:27 am
#7
Join Date: May 2005
Location: Dulles, VA
Programs: UA Life Gold, Marriott Life Titanium
Posts: 2,757
1) You don't owe the guy anything. He put the camera up there, when he could have put it under the seat in front of him. Or stored it in a bag or something. A camera is definitely a loose item, even if it's in the small case.
2) Never give any of your information to anyone unless you absolutely have to.
2) Never give any of your information to anyone unless you absolutely have to.
May 20, 2013, 11:22 am
#8
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Ignore him.
Don't get into a legal debate with him unless you are a lawyer. Anything you say (or write) can hurt and nothing can help.
For future, don't hand put personal details unless there's a business or social reason to do so.
Don't get into a legal debate with him unless you are a lawyer. Anything you say (or write) can hurt and nothing can help.
For future, don't hand put personal details unless there's a business or social reason to do so.
May 20, 2013, 11:29 am
#9
In Memoriam
Join Date: Feb 2000
Location: Easton, CT, USA
Programs: ua prem exec, Former hilton diamond
Posts: 31,801
Pretty funny.
In the threads about it when an airline employee opens a bin and something falls out, it's like 90/10 that the airline should buy them six new ones, the employee was an idiot, etc.
In the threads when it's a passenger it's just the opposite, that it's the guy who put it up there's fault.
It's his fault for putting it up there, it's not yours because it fell out. Only a moron would put something like that up there not in a bag or something.
It's not the airlines fault, it's not your fault. If they want to go after somebody they can go after gravity.
In the threads about it when an airline employee opens a bin and something falls out, it's like 90/10 that the airline should buy them six new ones, the employee was an idiot, etc.
In the threads when it's a passenger it's just the opposite, that it's the guy who put it up there's fault.
It's his fault for putting it up there, it's not yours because it fell out. Only a moron would put something like that up there not in a bag or something.
It's not the airlines fault, it's not your fault. If they want to go after somebody they can go after gravity.
May 20, 2013, 12:42 pm
#10
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Pretty funny.
In the threads about it when an airline employee opens a bin and something falls out, it's like 90/10 that the airline should buy them six new ones, the employee was an idiot, etc.
In the threads when it's a passenger it's just the opposite, that it's the guy who put it up there's fault.
It's his fault for putting it up there, it's not yours because it fell out. Only a moron would put something like that up there not in a bag or something.
It's not the airlines fault, it's not your fault. If they want to go after somebody they can go after gravity.
In the threads about it when an airline employee opens a bin and something falls out, it's like 90/10 that the airline should buy them six new ones, the employee was an idiot, etc.
In the threads when it's a passenger it's just the opposite, that it's the guy who put it up there's fault.
It's his fault for putting it up there, it's not yours because it fell out. Only a moron would put something like that up there not in a bag or something.
It's not the airlines fault, it's not your fault. If they want to go after somebody they can go after gravity.
May 20, 2013, 2:34 pm
#11
Join Date: May 2013
Posts: 55
What ever you do, don't admit any liability to him in an email.
He should know not to put fragile items in overhead bin like that. What if a bag bounced in turbulence and smashed it? Sucks to be him, but it is not your fault.
(And double sucks to be him if he doesn't have insurance).
p.s. I had to laugh; I was reading the airlines position on various items in the overhead bin and they state "bowling balls must not be stowed in the overhead bin". Now that would be a surprise for the unwary opening the locker!
He should know not to put fragile items in overhead bin like that. What if a bag bounced in turbulence and smashed it? Sucks to be him, but it is not your fault.
(And double sucks to be him if he doesn't have insurance).
p.s. I had to laugh; I was reading the airlines position on various items in the overhead bin and they state "bowling balls must not be stowed in the overhead bin". Now that would be a surprise for the unwary opening the locker!
May 20, 2013, 3:44 pm
#12
FlyerTalk Evangelist
Join Date: Jun 2005
Posts: 38,410
Was the camera in a padded case? If not, there's contributory negligence on his part. But how does your not seeing the camera change the outcome? If it was leaning against the bin door when you opened it, then even a tall person would have the same outcome. Did the camera fall only when you pulled your item out of the bin, and you weren't able to look first? I could see how the camera owner might think that was more of your fault. But they still should never have placed a naked camera in a bin alone if that was the situation.