Originally Posted by
You want to go where?
this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result
Ahh, that is an interesting take on it. Leaving bags out in the rain for weeks is certainly reckless. In that case, good luck to them and I hope they succeed and give BA/BAA a bloody nose! ^
It may mean that damaged bags just "go missing" in future to get rid of the evidence both of mistreatment and the contents of the bag (BA could then dispute the presence of valuable items)