Originally Posted by bnrdad
The fact that the passenger admitted that someone else picked it up and later returned it proves that CO delivered the bag.
It proves no such thing. "Delivered" to the baggage claim area, but
not to the passenger who turned it in.
What, pray tell, is the function of the baggage claim receipt?
Originally Posted by bnrdad
The only negligence was done by the person who picked up someone else's bag and left with it.
. . . .
No claim check required by the airport.
Actually, "No claim check required by the
airline." There's a big difference.
You may recall that years ago, baggage claim receipts were routinely checked, and still are in some countries.
Who said anything about negligence? This is a profit-and-loss business decision by the airlines. They intentionally fail to provide adequate security at their bag retrieval facilities, knowing that a certain low percentage of the bags still in their custody -- that is, not released to the proper passenger -- will be pilfered. They have decided that it is cheaper to reimburse the fair market value of the losses (knowing that most passengers can't prove this, and construing any lack of evidence in their favor) than check baggage receipts.
The airline is a bailee, legally responsible to the bailor who entrusts property to them. Can you imagine if banks treated property the way airlines in the U.S. do?
It's no wonder that America has such a high percentage of carry-on bags in comparison to other countries. The airline's attitude in such cases is often OUTRAGEOUS!
