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Strategy for filing a damaged property claim from TSA search of checked baggage?

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Strategy for filing a damaged property claim from TSA search of checked baggage?

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Old Aug 16, 2012, 4:05 pm
  #1  
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Strategy for filing a damaged property claim from TSA search of checked baggage?

I checked a bag containing two waterskis and ski gear at FLL. When I unpacked the bag I found a destructively mistreated ski - someone had yanked on the front binding (boot) so hard that the bolts sheared completely through the boot mount, leaving crumpled washers hanging loose on the bare threads. The metal plate on the ski to which the bindings attach was also bent.

There can be no mechanism for this type of damage other than someone pulling on the binding, because the broken parts are in the center of the ski and the fiberglass is pristine. This damage couldn't have been caused by rough handling of a closed bag.

The ski will have to be replaced at a cost of about $1000. I know the chances of TSA paying up are slim to none, but I want to file my claim nonetheless to impact the TSA's precious complaint statistics. Does anyone have advice for me? I took multiple photos of the damage.
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Old Aug 16, 2012, 5:41 pm
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Originally Posted by mybodyismyown
I checked a bag containing two waterskis and ski gear at FLL. When I unpacked the bag I found a destructively mistreated ski - someone had yanked on the front binding (boot) so hard that the bolts sheared completely through the boot mount, leaving crumpled washers hanging loose on the bare threads. The metal plate on the ski to which the bindings attach was also bent.

There can be no mechanism for this type of damage other than someone pulling on the binding, because the broken parts are in the center of the ski and the fiberglass is pristine. This damage couldn't have been caused by rough handling of a closed bag.

The ski will have to be replaced at a cost of about $1000. I know the chances of TSA paying up are slim to none, but I want to file my claim nonetheless to impact the TSA's precious complaint statistics. Does anyone have advice for me? I took multiple photos of the damage.
Are you sure it was TSA? Was there a TSA inspection notice in your bag?

If there was, you should file the claim with both the airline and the TSA. No real "strategy," to it, just file the claim. If no form, odds are the TSA had nothing to do with it, and the airline owes you money.



Also, have we forgotten the division between the "debate" forum and the "practical" forum? This post actually strikes me as looking for practical advice. Why is it in the debate forum? (There's also a current thread in the practical forum that is decidedly for the debate forum.)
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Old Aug 16, 2012, 6:13 pm
  #3  
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1. There's no strategy. Just follow the rules.

2. File complaints with TSA, the air carrier and your travel insurer (might be CC, homeowners, etc).

Don't get your hopes up and, presuming that the item is anything other than brand-spanking new, don't expect much because the FMV of a water ski likely drops pretty quickly.
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Old Aug 16, 2012, 7:34 pm
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Simply write to them at their Arlington address. You're highly unlikely to get anything, but good for you for adding to their complaint totals.

--Jon
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Old Aug 16, 2012, 10:18 pm
  #5  
Ari
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Originally Posted by mybodyismyown
I checked a bag containing two waterskis and ski gear at FLL. When I unpacked the bag I found a destructively mistreated ski - someone had yanked on the front binding (boot) so hard that the bolts sheared completely through the boot mount, leaving crumpled washers hanging loose on the bare threads. The metal plate on the ski to which the bindings attach was also bent.

There can be no mechanism for this type of damage other than someone pulling on the binding, because the broken parts are in the center of the ski and the fiberglass is pristine. This damage couldn't have been caused by rough handling of a closed bag.

The ski will have to be replaced at a cost of about $1000. I know the chances of TSA paying up are slim to none, but I want to file my claim nonetheless to impact the TSA's precious complaint statistics. Does anyone have advice for me? I took multiple photos of the damage.
How long ago did this happen? In theory, if your bag was opened, it was opened on video. Anyway, a good start is getting together the facts of exactly when and where you checked the skis, and seeing if you can get someone to watch/preserve that video. If the video shows nothing bad, they'll show it to you (if it shows the destruction, they might withold the video or say the video can't be found).

I would get a hold of a local contact at FLL, give that person your information and ask that this be investigated. You can use this form to file a claim, but you might want to get a hold of the local people first to see if you can't drum up some evidence, or at least get it preserved for review. You lose nothing by doing this.

http://www.tsa.gov/assets/pdf/sf-95_claim_package.pdf
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Old Aug 17, 2012, 7:53 am
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Originally Posted by Ari
In theory, if your bag was opened, it was opened on video.
And then the video was lost, or the camera wasn't working, or the video is "too fuzzy" to identify which TSA employee was there...
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Old Aug 17, 2012, 8:06 am
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Is that possible? For them to pull so hard on the boot to do that kind of damage, or are you suggesting they pried the boot off?
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Old Aug 17, 2012, 6:05 pm
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Originally Posted by cordelli
Is that possible? For them to pull so hard on the boot to do that kind of damage, or are you suggesting they pried the boot off?
I was pretty shocked by the damage; the boot was partially pried off with both of the back two fasteners (out of 6) destroyed. I can imagine that the ski could have been held into the case because it was wrapped in our wetsuits and jackets, and that someone might have tried to free it by yanking too hard on the loop that's there at the back of the boot. The skis are wrapped to protect the surfaces and fins.

Thank you to all for the advice. I will try to obtain video of the search, and will file my claim.
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Old Aug 21, 2012, 10:48 pm
  #9  
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Originally Posted by mybodyismyown
I was pretty shocked by the damage; the boot was partially pried off with both of the back two fasteners (out of 6) destroyed. I can imagine that the ski could have been held into the case because it was wrapped in our wetsuits and jackets, and that someone might have tried to free it by yanking too hard on the loop that's there at the back of the boot. The skis are wrapped to protect the surfaces and fins.
Yeah, that's the only way I can imagine that sort of damage--they tried to yank the boot out without realizing it was fastened down and not just wedged in.
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Old Aug 21, 2012, 11:26 pm
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Originally Posted by Affection
Simply write to them at their Arlington address. You're highly unlikely to get anything, but good for you for adding to their complaint totals.

--Jon
This is correct. I actually won a claim against them. They mentioned nothing about whether there was a video or not (I suspect they had no controls whatsoever). They simply never sent me a check.
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Old Aug 22, 2012, 7:06 am
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Originally Posted by Pesky Monkey
This is correct. I actually won a claim against them. They mentioned nothing about whether there was a video or not (I suspect they had no controls whatsoever). They simply never sent me a check.
I wonder if you could (with a court order and a sheriff) have some property of the TSA seized and auctioned off (by the sheriff's dept) in order to be compensated for your claim? You'd have to find something more valuable than the amount of your claim of course... both the sheriff's dept. and the auction house are entitled to a portion of the proceeds. The TSA would be entitled to any remainder after your claim is settled and everybody else gets their portion.
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Old Aug 22, 2012, 1:41 pm
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Originally Posted by loops
I wonder if you could (with a court order and a sheriff) have some property of the TSA seized and auctioned off (by the sheriff's dept) in order to be compensated for your claim? You'd have to find something more valuable than the amount of your claim of course... both the sheriff's dept. and the auction house are entitled to a portion of the proceeds. The TSA would be entitled to any remainder after your claim is settled and everybody else gets their portion.
One of the scanners would be an excellent item to seize.
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Old Aug 24, 2012, 7:00 pm
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Originally Posted by Loren Pechtel
One of the scanners would be an excellent item to seize.
I have to admit, I'd love to have one of those scanners just inside my front door.
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Old Aug 24, 2012, 9:55 pm
  #14  
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Originally Posted by Pesky Monkey
I have to admit, I'd love to have one of those scanners just inside my front door.
The sheriff sells the seized items, you don't get to keep them.
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Old Aug 25, 2012, 7:24 am
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Originally Posted by Pesky Monkey
This is correct. I actually won a claim against them. They mentioned nothing about whether there was a video or not (I suspect they had no controls whatsoever). They simply never sent me a check.
I am sure there is some federal law that prohibits the seizing of federal property, if that was not the case I could guess how many seizure attempts would be made just on the White House from someone who won a judgment against the federal government in a lawsuit in someplace like a small claims court.

Mr. Elliott
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