Greetings! This is my first post on flyertalk. I hope I'm posting in the right place. Brriefly I have traveled only twice with a laptop so I was not aware that these should not be checked luggage. I checked mine at Logans Boston airport. It never arrived at RDU airport. I filed a claim with American Airlines but they only offer $50 (for the bag, and nothing for the laptop). However my understanding is the federal liability is 2800 per bag with no exceptions as to what is inside. I have asked for a $500 travel voucher with no success thus far. Can anyone offer any advice? thank you, Arthur (by the way it was not my laptop but my employer which is the government. No important files were lost fortunately.)

1) File a claim with the TSA as well as the airline.
2) File a claim with your insurance company.

And never, ever check a laptop, regardless of what the TSA screener might say.

Aren't laptops and other electronics generally made "uncovered" by the airlines, at least when it comes to claims against the airlines?

yep

and notice the "not limited to" which I take to mean they will hear your claim for things not specifically excluded and give you whatever they want (not to exceed $2800).

http://www.aa.com/content/travelInfo...itations.jhtml

laptops and any valuables which get checked are considered limited liability items.... in other words, no liability, unfortunately, from being "lost".

I do understand airlines have been held responsible - on rare ocassions - in the past with respect to "stolen" items as that falls more under a negligence category --- BUT, you'll probably spend more money trying to recover it than what it is worth. The basis being they had a duty of care to deliver it to final destination (even if limited liability item), they had a duty to provide security without luggage being "stolen", it was stolen, duty is breached.. If it was damged in the regular course of handling, then the limited liability is there to protect the airline. That is my take on things:

I once had problems shipping electronics. My package arrived via checked luggage, but severely damaged with tire trucks and all on the box. I sued the airline claiming negligence in small claims and recovered on that basis.

It would seem to me a neglegence claim could be made --- no, I am not an attorney --- this is just in my personal option. Your mileage may vary, of course.

That said, never, ever, ever, check a laptop. I wish you the best of luck! Welcome to FT as well!

I have never "misplaced" a lap top in checked baggage, but have during the carry on screening process. I have had incidentals "misplaced" from my checked in luggage, various pieces of clothing, a PDF, and some work notes.

Conventional wisdom is that you report it to all involved as noted by the above post. I would be curious to know how you made out, as according to my phone conversations with TSA in Washington, my claims wouldn't be recoverable because I wouldn't be able to satisfy the standards of their proof test.

As near as I can discern you have to be able to establish that you own the item (a purchase receipt), and that you had placed it in your checked in bag (I havn't been able to figure how to substantiate this one as yet), and last that the bag was in your "care and custody" until it was checked in at the airline ticket counter (ditto).

In the case of the work notes, I am sure they were not intentionally stolen as they had no value to anyone other than myself. I suspect that they were removed during the checked in baggage search and were either not put back or put into someone elses luggage. I know that the bag was manually searched as there was a very polite information card with the TSA logo at the top explaining that this event occured. I hate to sound cynical but it didn't seem like a very fair trade.

Clearly, I didn't even have a receipt for this. In checking with the airline and TSA at the airport, they advised that there is no video security in place at the checked in baggage screening, so there was no way to verify anything.

Fortunately for me it ended reasonably satisfactorily. My client allowed me another week with which to finish and submit my findings, and all that I had to do was fly out to the West coast again. And, I subsequently was able to use the extra miles for a free ticket.

Again, good luck and do let us know how you make out. Someone has to be able to break the code!

True. From AA website: http://www.aa.com/content/customerSe....jhtml#Baggage

BAGGAGE

Liability
American's liability for loss, damage or delayed delivery of checked or transferred baggage is limited to the actual value of the baggage or $2800.00, whichever is less, unless the passenger declares a higher value (not to exceed $5000.00 including the $2800.00 standard liability per passenger) and pays American a sum of $2.00 per $100.00 (or any portion thereof) of excess value.

The standard liability of $2800.00 is applicable for travel beginning October 22, 2004.

Customers with disabilities traveling with wheelchairs or other mobility devices are exempt from liability restrictions for loss, damage or delays to these items for both domestic and international travel.

American assumes no responsibility for loss, damage or delayed delivery of transferred baggage not acceptable for transportation by American as checked baggage, items damaged as a result of items contained in checked or transferred baggage, and items accepted by American pursuant to the execution of a release form. American does not accept in or as checked baggage any of the following items: antiques, artifacts, artwork, books and documents, china, computers and other electronic equipment, computer software, fragile items (including child/infant restraint devices such as strollers and car seats), eyeglasses, prescription sunglasses, non-prescription sunglasses and all other eyewear and eye/vision devices whether lenses are glass, plastic, or some other material, furs, heirlooms, items carried in the passenger compartment of the aircraft, liquids, medicines, money, orthotics, surgical supports, perishable items, photographic, video and optical equipment, precious metals, stones or jewelry, securities and negotiable papers, silverware, samples, unique or irreplaceable items or any other similar valuable items. American does not accept these items in or as checked baggage and assumes no responsibility or liability for such items, regardless of whether American knew or should have known of the presence of such items in checked or transferred baggage. If any such items are lost, damaged or delayed, you will not be entitled to any reimbursement under American's standard baggage liability, or under any declared excess valuation. Do not attempt to check these items. Carry them with you in the passenger cabin (subject to carryon baggage limitations).

just curious ... did you actually have a hearing with the airline and get a favorable ruling, or did the airline just not show up or pay you to drop it?

In carefully reading Lin821's post, I am afraid you might be disqualified by the American disclaimer, in addition to the fact that computers are excluded, by the seond paragraph under Liability;

"The standard liability of $2800.00 is applicable for travel beginning October 22, 2004."

It is only conjecture on my part but, in as much as your thread appeared today that this happend within the past week or month. As noted above, one of the conditions of applicability is "...travel beginning October 22, 2004." If in fact your travel began on the 22nd of October 2004, then you need only worry about the computer exclusion. Although, there may be a statute of limitations involved. My best advice would be to check with an attorney.

I would hope that the computer didn't contain anything of value other than the value of the replaceable machine. If it contained anything of a personal nature, check your insurance policy to verify that you are covered for identity theft, in addition to the previously suggested property loss.

Again, good luck!

it's not your laptop correct, it's your employeer's computer
if so, i'd report it to your IT department and let them file the claims through whatever insurance they have. they have more power than you do and would know the system better

if it's your own property,
making claims like asking for a travel voucher, etc would lower your chances of success IMO. I'd wonder why someone who actually values the property the lost would want a travel voucher or similar compensation instead of the replacement item or cash.

when AA lost my bag a few years back, they made me list out the contents (clothes) and then offered a standard replacement fee for the items. your credit card may also have some protection

Shouldn't there be a police report filed here since a crime was committed? Obviously the airline doesn't have any interest in this matter, but the police might be interested. In the event that the stolen goods are found you would want a police report to support your claim that it is your stuff.

The airline said they don't accept laptops but in this case they did accept the laptop. I wonder what a lawyer would say about the situation. If they have a strict policy of not accepting laptops, they need to do a better job of enforcing the policy. Perhaps you could claim the enforcement of the policy was negligent???

Asking for a voucher as a reward because the employer's computer was stolen sounds like a weak argument to me.

Yes, and those English ........ers demanded that you check everything on August 10. And there I was with a laptop, several cellphones and a digital SLR camera.

Sailman,
it's reasonable to assume the date applies to the enactment of the policy, not the start of the travel.

Also interesting to note those items AA says will not be accepted that TSA says must be checked.

Did you lose the bag, or just the laptop?

I'm assuming the whole bag, which should "appear" within a day or two.

I believe the flagrant weakness in your opinion is in the use of the word "reasonable". If the policies of the TSA were reasonably applied then I suspect there would be a paucity of threads and posts in this section.

I suffer from a fundamental malady. I find it almost impossible to "listen to what is meant, not what is said". While I believe I have a few unique skills, ESP is not one of them, and this extends to the written word. I must stand by my statement.

Why then would a TSA Agent

1) Confiscate a lighter (pre-flaming sneaker), which can be replaced at Hudson News Company about 150' passed the screeners and inside the sterile area, even after pointing this out to the screener.

2) Why would there be great debate with earnest threats of confiscation or "do you want to make your plane" type comments, when they want to confiscate a computer memory stick which the agent insists is a lighter?

3) Why does do the signs say "no jokes...." only to learn after a TSA agent states "Don't worry I won't shoot you... I was joking", only to learn that the sign applies to non-TSA people only? (Has anyone seen an asterisk on the TSA sign referencing a footnote which exempting the TSA from jokes about doing harm to persons or property? I haven't, and I continue to look for it.

4) Why would there, in my opinion (which I again ask; does anyone know where the "actual" statistics (not those compiled by a government agency or review board) can be obtained?), be a substantive increase misplaced carry-on items, and misplaced checked baggage, since the T-SECURITY-A was formed (Remember - if you can remove an item, one can certainly add an item!).

5) Why when I or another passenger immediately following me during the screening process had a problem and the alleged video might shed some light on resolving it, is it that either the video is not available or the equipment was malfunctioning at the time?

6) As commented upon by others on this site, why would a TSA approved lock be destroyed in order to gain access to a checked bag?

7) Why when the sign in essence says a maximum X oz ( x ml), does the agent(s) are their threatening innuendos (refer to #2 above) made when the container is labeled in oz wt.?

Etc. Etc. Etc.

And on the lighter side;

1) Why would you have reservations at a restraint that you want to eat at? If I had reservations about a restaurant I wouldn't eat there.

2) Why would anyone in their right mind take a "non-stop" flight? Has the FAA and TSA conspired to suspend Newton's first law? I realize I am not an aeronautical engineer but at some point the plane is going to run out of fuel and fall from the sky.

3) Why would anyone who is in good health, financially surviving, with loving family want to take a plane to their "final destination"? I don't know about the rest of the people on the plane but I am not ready for my final destination.

4) Why is it that "seat cushions may be used as a flotation device"? Either it can be used or it can't. Once the plane ditches in my humble opinion at that point it is a little too late to find out.

Etc. Etc.

For those of you from the Northeast - Why do we park on driveways and drive on parkways?

Long live George Carlin!

So, in trying to survive the airport processing environment where the TSA policy is literally applied when it is applicable, and interpreted when it is convenient, the only thing a flyer can grasp onto are the words. I stand by my malady, I cannot intuit what someone means in what they say (or what is meant by a sign)

Confused!!