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Student sues US Airways for $1 Million - for a lost gaming console
Our gaming buddies over at Joystiq.com are reporting on yet another incident at US Airways. This morning it involved a casket, this afternoon it involves a missing Xbox 360 gaming console.Normally, when something goes missing in your luggage, you file a claim, and you'll never hear anything back. But in the case of 21 year old Jesse Maiman, he's not going to just sit back and relax - he's suing US Airways for a cool $1 Million.
The console went missing last December on a flight from New Haven to Kentucky. When he picked up his luggage, he noticed how light it was. It was then that he realized his Xbox had been swiped.
According to Maiman, the Xbox had a specialized hard drive and components, and cost over $1000.
In his suit, he's seeking $1,700 for the loss of his console, and "of at least $25,000, but in the maximum amount allowable by law or, in the alternative, in the sum of $1,000,000."
That is right - one million Dollars for a lost Xbox.
US Airways was not aware of the lawsuit just yet, but was quick to point out that the law sets a limit on how much an airline will pay for lost luggage, currently that limit is just $3,300 per bag. But get this - the payouts always exclude any liability for electronics.
What I don't understand is how someone can be stupid enough to put an Xbox console in their bag, but smart enough to get a lawsuit going. Even the most inexperienced flier knows that expensive items don't go in your checked bag. It is hard to blame someone for the dishonesty of airport workers, but there are just too many cases of theft to expect expensive electronics to make it to your destination.
My guess is that there will be 2 possible outcomes here - US Airways will pay him a nominal fee to make the case go away, or they'll play along and have him pay their legal fees when he loses. Either way, I don't think he'll be seeing his first million any time soon.
Reader Comments (Page 1 of 1)
Brian Mar 11th 2009 3:02PM
True, he may have been dumb for putting his XBox in his bag, but good for him for doing this. If nothing else, I hope he makes people realize how absurd it is that we have to be so careful about what we put in our checked bags.
Damage because of dropping or jostling is one thing, but theft is completely different. I shouldn't have to worry about some employee stealing something from my bag. And I certainly shouldn't have to get some kind of runaround from the airline after my things get stolen (which is part of his claim).
The fact that this is even an issue annoys me. He should have known better, but then again, why should he have to know better?
Mike Mar 11th 2009 6:59PM
Just this weekend, my wife and I flew on American, and due to high volume of carry-on bags, we were told, on the plane, that we had to check a bag (which was subsequently lost for 48 hours, another story). That bag had our DSLR camera in it (since we had no chance to repack before the FA took the bag), and once it was lost, we were face-to-face with the "no electronics liability" issue. Anyone know what our rights are in this situation, where we carried on a perfectly legal carry-on that we were forced by the airline to check before they lost it? Would we have had to resort to a $1M lawsuit?
Stijn Mar 12th 2009 11:10AM
See if there's something in the Terms of Carriage that could help and otherwise try sending a mad, but polite letter to a CEO of American.
Does Heather have advice?
Peace, Stijn
eugene Mar 11th 2009 4:23PM
What a sad commentary on our society that when someone gets ROBBED the commentators start making fun of the victim.
ann Mar 12th 2009 5:25PM
do you know how many of these stories are lies? people will do anything to win lawsuits against airlines. try buying a tsa lock or fed exing your expensive stuff. oh thats right i spent a great deal of money on my husband's b-day gift and fed ex lost it and told me too bad.