Southwest refused to pay for laptop after FA spilled drink on it
Dec 19, 2018, 11:17 am
#31
Join Date: Apr 2005
Location: LAX
Programs: UA Silver, AA, WN, DL
Posts: 4,091
Feel for the OP; it certainly can feel like there's some sort of compensation due. At the same time, things happen on a flight.
Not much to say other than my personal opinion: a voucher and maybe a couple hundred dollars (make it an even $500 flight voucher) would be what I consider making it right.
Good luck OP.
Not much to say other than my personal opinion: a voucher and maybe a couple hundred dollars (make it an even $500 flight voucher) would be what I consider making it right.
Good luck OP.
Dec 19, 2018, 3:03 pm
#32
Join Date: Oct 2003
Location: Traveling the World
Posts: 6,075
Hi all, I was flying with my kids from LA to Nashville for the Thanksgiving. I was in the aisle seat and the flight attendant reached over my laptop (open on the tray table) and spilled Dr. Pepper all over the keyboard. He was trying to hand it to my son who in the window seat. I immediately turned it upside-down & turned it off, then asked him for an incident report. He refused to document the incident and told me to speak with the luggage office at the airport when we landed. I did speak with them but they wouldn't give me any documentation and told me to call customer relations the next day.
I went home and emailed customer service, then called customer relations the next day. Customer relations said customer service had my case already and they wouldn't discuss it. A week later, I received this
Thank you for your email in regard to your recent experience traveling to Nashville. I welcome the opportunity to respond to your concerns.
We are sorry to learn that your laptop was damaged onboard Flight #5802 on November 25. While I certainly understand how disappointing this is for you, it is important to note that carryon luggage is the sole responsibility of the Customer, and we do not provide reimbursement for damage to/loss of carryon items.
While we are unable to respond favorably to your request for reimbursement, if you have other resources, such as homeowners’ insurance, you might check to see if compensation is available to you by this means. Still, retaining your future patronage is very important to us. As a gesture of goodwill, we’ve Southwest LUV Voucher in the amount of $225.84, which is equivalent to your one-way fare. This will arrive in a separate email within the next 10 days and instructions for use will be detailed on the voucher. Our hope is that you will use this to return for a better, more typical Southwest experience.
We appreciate your loyalty, and we are confident that more favorable circumstances will prevail on future travels with Southwest Airlines. We look forward to welcoming you onboard again on December 23.
Sincerely,
(redacted by nsx)
This is unacceptable. My laptop was a Macbook Air and only 14 months old and now it won't function. I have an attorney I'm using for another issue at this time and she recommended filing in small claims court, then updating her if I need help. I don't know if it's worth paying for her advice at this point, but I will if it'll help. Is it worth filing in small claims court and the hassle? I've been reading that Southwest is terrible about covering damage they've caused and even counter-sue for attorney's fee, etc. Would love some advice. Thanks!
I went home and emailed customer service, then called customer relations the next day. Customer relations said customer service had my case already and they wouldn't discuss it. A week later, I received this
Thank you for your email in regard to your recent experience traveling to Nashville. I welcome the opportunity to respond to your concerns.
We are sorry to learn that your laptop was damaged onboard Flight #5802 on November 25. While I certainly understand how disappointing this is for you, it is important to note that carryon luggage is the sole responsibility of the Customer, and we do not provide reimbursement for damage to/loss of carryon items.
While we are unable to respond favorably to your request for reimbursement, if you have other resources, such as homeowners’ insurance, you might check to see if compensation is available to you by this means. Still, retaining your future patronage is very important to us. As a gesture of goodwill, we’ve Southwest LUV Voucher in the amount of $225.84, which is equivalent to your one-way fare. This will arrive in a separate email within the next 10 days and instructions for use will be detailed on the voucher. Our hope is that you will use this to return for a better, more typical Southwest experience.
We appreciate your loyalty, and we are confident that more favorable circumstances will prevail on future travels with Southwest Airlines. We look forward to welcoming you onboard again on December 23.
Sincerely,
(redacted by nsx)
This is unacceptable. My laptop was a Macbook Air and only 14 months old and now it won't function. I have an attorney I'm using for another issue at this time and she recommended filing in small claims court, then updating her if I need help. I don't know if it's worth paying for her advice at this point, but I will if it'll help. Is it worth filing in small claims court and the hassle? I've been reading that Southwest is terrible about covering damage they've caused and even counter-sue for attorney's fee, etc. Would love some advice. Thanks!
When you use your electronics in public do you reasonably expect that the business will be responsible for replacing your item?
Now a hotel with a Bell Hop who on purpose placed a heavy item on top of your laptop it can go one of two ways the hotel sees this as negligence and compensates you or says "I am sorry but you put your laptop backpack on the cart on your own cognizance and we are not responsible.
Southwest was right to deny your claim as carry on luggage is your responsibility. What if a passenger dropped your laptop case from the overhead bin and it broke the screen? Or a flight attendant?.
Judge Judy would agree that having insurance is important and Southwest did a gesture of Goodwill by giving you a $225 voucher which they were not obligated to do.
Also this is why I do not purchase expensive Mac laptops. No one forced you to buy a Macbook Air that is expensive to repair. Best Buy and I am sure Apple Care has Accidental Insurance Warranty which I would purchase and that would have been my first call then I would have called Southwest with the cost to repair the damage and let them take it from there.
Without the cost of repair Southwest has nothing to reimburse you for. You could report the incident and then follow up with a repair cost invoice. Southwest could then still deny it, decide to pay 1/2 or the full amount after the investigation which can take a long time.
But now you need a working laptop so be it that you buy a new one or have a backup less expensive laptop that you travel with then buy an HP Spectre or HP Envy X360.
This is the reason for insurance. But with insurance is premiums. Do you want to even use a high premium insurance on a $3,000 laptop? I will pay it out of pocket up until the premium amount and use insurance on very expensive items to replace.
Last edited by danielonn; Dec 19, 2018 at 3:15 pm
Dec 19, 2018, 3:13 pm
#33
Join Date: Oct 2003
Location: Traveling the World
Posts: 6,075
I can not provide any great advice, but am interested in what happens. Personally, I have mixed feelings on this incident. I get the part where the customer is responsible, but the airline (FA) did cause the damage.
This happened to my bosses computer many years ago. Compute was toast but I was able to remove the hard drive and save the data. Never thought to file a claim with the airline. Ever since that time, I always close my computer when the drinks come my way, especially if on the aisle.
Good luck
This happened to my bosses computer many years ago. Compute was toast but I was able to remove the hard drive and save the data. Never thought to file a claim with the airline. Ever since that time, I always close my computer when the drinks come my way, especially if on the aisle.
Good luck
Dec 23, 2018, 7:53 am
#34
Join Date: Aug 2018
Posts: 124
My laptop costs me $3,500 and I buy one every four years. It’s a huge investment. For that reason, I’m insanely careful about when I have it out.
My gut reaction is that the company whose employee damaged your laptop should pay for it. But I also understand why they decided to pass that risk to the customer to keep ticket prices affordable.
I would let this one go. It’s an Air - not a Pro - and the cost to repair or replace is likely not high enough to make it worth fighting them in court.
Call it a tough lesson learned and tell your kids about it. Sometimes these expensive lessons pay for themselves if they help you teach your kids about responsibility.
Hate that you’re dealing with this, OP. It sucks.
My gut reaction is that the company whose employee damaged your laptop should pay for it. But I also understand why they decided to pass that risk to the customer to keep ticket prices affordable.
I would let this one go. It’s an Air - not a Pro - and the cost to repair or replace is likely not high enough to make it worth fighting them in court.
Call it a tough lesson learned and tell your kids about it. Sometimes these expensive lessons pay for themselves if they help you teach your kids about responsibility.
Hate that you’re dealing with this, OP. It sucks.
Dec 23, 2018, 8:04 pm
#35
Join Date: Jul 2014
Posts: 339
I'm no lawyer, BUT....
Here's a critical line from SWA's contract of carriage: "In the case of unchecked Baggage, the Carrier is liable only to the extent the damage resulted from its fault, or that of its servants or agents"... further defining unchecked baggage "(c) unchecked Baggage, including personal items, shall be considered to be the property of the Passenger in possession of the Baggage at the time of embarkation."
I think it would be pretty easy to argue in small claims that this was the fault of a servant or agent - most times the company doesn't show up nor did they send anybody. Just be wary in your locality as if you do it incorrectly or the company does show up, you can get burned pretty easily. If your lawyer is willing to help you out at a reasonable cost, probably not a bad idea.
And yes, welcome to FlyerTalk. I get that it wasn't intentional - but intent and fault are two very different things in the legal system. Based on the contract of carriage - I'd say you have a decent case. Pile on me or the OP... I don't care
Here's a critical line from SWA's contract of carriage: "In the case of unchecked Baggage, the Carrier is liable only to the extent the damage resulted from its fault, or that of its servants or agents"... further defining unchecked baggage "(c) unchecked Baggage, including personal items, shall be considered to be the property of the Passenger in possession of the Baggage at the time of embarkation."
I think it would be pretty easy to argue in small claims that this was the fault of a servant or agent - most times the company doesn't show up nor did they send anybody. Just be wary in your locality as if you do it incorrectly or the company does show up, you can get burned pretty easily. If your lawyer is willing to help you out at a reasonable cost, probably not a bad idea.
And yes, welcome to FlyerTalk. I get that it wasn't intentional - but intent and fault are two very different things in the legal system. Based on the contract of carriage - I'd say you have a decent case. Pile on me or the OP... I don't care
Dec 24, 2018, 12:41 am
#36
Join Date: Apr 2009
Location: MSP/DFW
Programs: Priority Club PLT, Marriott Titanium, AA EXP
Posts: 480
Let me ask a question if a Barista or customer poured coffee at a Starbucks or other coffee sop and ruined your laptop do you think Starbucks would be responsible to replace or fix your laptop? Remember you are using your laptop at your own risk and while they accidentally spilled a soft drink on your laptop unless you can prove elegance then I am afraid your only hope would be your homeowners insurance or accidental.
Dec 24, 2018, 12:52 am
#37
Suspended
Join Date: Mar 2002
Location: Canada, USA, Europe
Programs: UA 1K
Posts: 31,452
I'll contact the news about it before filing in small claims. At least make the public aware that flight attendants don't always handle drinks with care. The cup should have had a lid on it to begin with since it was a kid's drink. This is the first time in years an FA brought my son a drink without a lid. EIther way, trying to reach over me to hand it to a kid was negligent and lacked common sense. Seems he was in a rush and just wanted to drinks handed out. It was a 4 hour flight...he had plenty of time.
Dec 24, 2018, 1:19 am
#38
Join Date: Mar 2012
Location: PHL
Programs: AA ExP, Marriott Amb, National EAE, Hilton Diamond, SPG Plat (RIP), US CP (RIP)
Posts: 2,379
Were you so engrossed in the game on your phone that you were oblivious to this interaction between FA and your kid prior to the passing of said drink over your aisle seat? As someone who prefers aisle seats I’m usually conscious of conversations happening across my personal space even if I don’t look up and see the FA.
Dec 24, 2018, 8:13 am
#40
FlyerTalk Evangelist
Join Date: Nov 2000
Location: Nashville -Past DL Plat, FO, WN-CP, various hotel programs
Programs: DL-MM, AA, SW w/companion,HiltonDiamond, Hyatt PLat, IHF Plat, Miles and Points Seeker
Posts: 11,074
Dec 24, 2018, 8:32 am
#41
Join Date: Mar 2012
Location: PHL
Programs: AA ExP, Marriott Amb, National EAE, Hilton Diamond, SPG Plat (RIP), US CP (RIP)
Posts: 2,379
My question stands ... how the parent in the aisle seat is oblivious to this interaction between their kid and the FA? Oh yeah, busy juggling an open laptop, playing a game on their phone and not aware of their surroundings or apparently their kid’s actions.
Dec 24, 2018, 9:45 am
#42
Join Date: Oct 2005
Location: ORD, MDW or MKE
Programs: American and Southwest. Hilton and Marriott hotels primarily.
Posts: 6,463
On Southwest, drink orders are taken and the FA shows up with the drink 10, and sometimes 20-30 minutes later and hands the drink with little or no verbal communication. It is very easy to not be aware the FA is there handing out drinks.
Dec 24, 2018, 10:04 am
#43
Join Date: Jul 2014
Posts: 339
Look: there’s a difference between a woman suing McDonalds for not putting “Hot Coffee” on the outside of her cup when she spills it versus legitimate fault... not that hard to discern the two. I disagree with the OP that the FA was “negligent” - rather I believe they were at fault and are liable. It’s like a car accident, you didn’t “intend” to do it, but you did! Now, the fact nobody from WN was willing docunent it shows some degree of negligence imo
Once again, the armchair elders of FT provide great moral advice, until it actually happens to them! I can almost guarantee all of you clowns on here would not have the same mentality if it was your laptop (and why am I so worked up about it? Because this happened to me at a coffee joint in town who just so happened to be nice enough to realize it was their fault, and own up to it)
Dec 24, 2018, 10:10 am
#44
Join Date: May 2005
Posts: 4,874
“Armchair elders”. “Clowns”. Nice way to reduce your credibility to zero. Kudos!
Dec 24, 2018, 10:22 am
#45
Join Date: Jul 2014
Posts: 339