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BossChief
11-30-2010, 02:42 PM
OK, so I flew to California Thursday and when I got onto the plane in Cedar Rapids, Iowa they told me that the plane was a smaller regional plane that didn't have the room most of the smaller planes do for carry ons and required me to check the bag. They told me they wouldn't charge for it because the bag was the correct size for a carry on so I was ok with it even though I had some work to do on my lap top while on the plane.

I got off the plane in Donkey land and went to my gate to fly to San Jose was able to put the bag into the overhead on that plane without issue (as I have done 20 or so times with that bag in the past on various airlines without having to check it) and I decided to wait till I got to the Hotel room to get my work done and take a nap on the plane.

Here's where the problem comes in.

I got to the hotel and turned my laptop on and it powered up, but the screen wasn't bright and had a bunch of horizontal lines on it. I figured it may have been because it was a little cold at the time and it would go away as it got to room temperature. I turned it off and let it sit for an hour and then went and turned it back on and it had the same problem. I started doing my work and the screen continued to get lighter and lighter and eventually (within 15 minutes) turned into just a white screen with horizontal and vertical lines of various colors on it.

I called United Airlines to inform them of the problem and the first guy I talked to didn't understand what I was saying and kept trying to assure me that my bag would be returned when it is recovered (Some guy from India that didn't speak very good English) I was polite in asking to be transferred to somebody else because he didn't seem to be very helpful and he transferred me to a manager that seemed anxious to help and took down all of my information and told me that I would be contacted early this week and assured me the problem would be resolved.

The question I have is if anyone has gone through something similar to this with the airlines and about how long the process took to get compensated and how much they were compensated. I only paid 650 for the laptop brandnew from best buy about a year ago and that is the amount I told them I paid. I have already replaced the computer, but I would like to know any tips or advise on how to maximize the amount I get in return or how to speed the process up. I lost a lot of information that I have no way to replace on the computer as well as having to play catchup now for work due to not being able to access the in progress work I had on that lap top.

Any help would be appreciated and its nice to be back, hopefully everyone had a good weekend, I am just now watching the recording of the game and it looks like Cassel is starting to be possibly turning a corner here...hopefully anyway.

Thanks in advance, Planet.

vailpass
11-30-2010, 02:45 PM
Was it Crunchberry Day in Cedar Rapids, was the smell of fresh baked crunch berries heavy in the air? If so you might ask Quaker Oats for reparations as your laptop may have very well died due to too much awesomeness.

jiveturkey
11-30-2010, 02:51 PM
I'm not understanding how the airline is at fault for your laptop taking a dump???

Pestilence
11-30-2010, 02:53 PM
I'm not understanding how the airline is at fault for your laptop taking a dump???

Because they required him to check his bag......and then damaged it.

loochy
11-30-2010, 02:54 PM
Moral of the story: Take fragile expensive items (such as a laptop) out of the bag and carry them before putting it on the baggage rack for them to take back down to check.

Demonpenz
11-30-2010, 02:54 PM
I carry insurance

chasedude
11-30-2010, 02:55 PM
Make a youtube video about it. This guy did (about his guitar) and it went viral. Taylor guitars ended up sending this guy a new one because of all the free advertising they got!

<object width="640" height="385"><param name="movie" value="http://www.youtube.com/v/5YGc4zOqozo?fs=1&amp;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/5YGc4zOqozo?fs=1&amp;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="640" height="385"></embed></object>

Jenson71
11-30-2010, 02:56 PM
So did they put it through some sort of machine to check it?

chasedude
11-30-2010, 03:00 PM
Moral of the story: Take fragile expensive items (such as a laptop) out of the bag and carry them before putting it on the baggage rack for them to take back down to check.

You can't do that with expensive fragile musical instruments. :shake:

Nice try,.... next!!

BossChief
11-30-2010, 03:04 PM
So did they put it through some sort of machine to check it?
I dont know, I do know that when they were putting them on the rack to return to us after the flight, they were just throwing the bags around I was looking through the window watching em doing it. Normally I would just bite the bullet if I had chosen to check the bag, but it wasn't my choice, they made me check it and then damaged its contents.

...

Lesson learned though, in the future I will never check any bag with anything in it that can be damaged.

loochy
11-30-2010, 03:05 PM
You can't do that with expensive fragile musical instruments. :shake:

Nice try,.... next!!

Oh. Well you can with a laptop.

loochy
11-30-2010, 03:06 PM
I dont know, I do know that when they were putting them on the rack to return to us after the flight, they were just throwing the bags around I was looking through the window watching em doing it. Normally I would just bite the bullet if I had chosen to check the bag, but it wasn't my choice, they made me check it and then damaged its contents.

...

Lesson learned though, in the future I will never check any bag with anything in it that can be damaged.

Yeah, after many times of seeing them do this I'm really paranoid about having things break. Anything remotely fragile is placed in the middle area of the case with a nice amount of clothing wrapped around it as padding.

chasedude
11-30-2010, 03:12 PM
Oh. Well you can with a laptop.

You're right, my laptop is always close to me. I have had pint glasses, I like to collect them from different places, get broken even though I've taken precautions to protect them with padding in my checked bags.

If I ever fly anymore which is rare, it is carry on for me only. I also ship stuff home to ensure it's taken care of.

How can baggage handlers be so careless and UPS, FedEx take the extra care?

I don't get it.

Jenson71
11-30-2010, 03:13 PM
I dont know, I do know that when they were putting them on the rack to return to us after the flight, they were just throwing the bags around I was looking through the window watching em doing it. Normally I would just bite the bullet if I had chosen to check the bag, but it wasn't my choice, they made me check it and then damaged its contents.

...

Lesson learned though, in the future I will never check any bag with anything in it that can be damaged.

So if I understand you, the events were as such:

1) You were denied the allowance for a carry-on
2) They put the bag, with the computer, with the rest of the bags
3) Next time you use the computer, it is broke

You might have a case based on the doctrine of res ipsa loquitor. The airline's negligence is based not on proof of cause, but because the circumstances lead to that conclusion, you weren't in the position to see proof, all other factors that could damage the computer are excluded, and the damage is the normal type of thing that would happen when a computer is tossed around.

Were there any signs that the airline waived liability for items in bags? Have you made sure there were no viruses on your computer? Have you contacted a computer specialist to diagnose the ailment?

Rain Man
11-30-2010, 03:19 PM
I would guess that your requests will be totally ignored by the random person in Aurangabad who reads your letter. Also, I think that they're legally only liable for some weird thing like cost per pound or $75 per bag or some other strange formula that was likely created by a congressman who has his own jet.

No offense, but I think you should've just taken your laptop out of the bag and held it on the plane. Or otherwise said it's a laptop and too fragile to be checked.

BossChief
11-30-2010, 03:21 PM
So if I understand you, the events were as such:

1) You were denied the allowance for a carry-on
2) They put the bag, with the computer, with the rest of the bags
3) Next time you use the computer, it is broke

You might have a case based on the doctrine of res ipsa loquitor. The airline's negligence is based not on proof of cause, but because the circumstances lead to that conclusion, you weren't in the position to see proof, all other factors that could damage the computer are excluded, and the damage is the normal type of thing that would happen when a computer is tossed around.

Were there any signs that the airline waived liability for items in bags? Have you made sure there were no viruses on your computer? Have you contacted a computer specialist to diagnose the ailment?

yes on all three.

I havent taken it to any computer places to have it checked out, but I have called geek squad at best buy and they said that what I explained to them about what was happening with the screen is consistent with that of physical damage.

The computer had a virus scan every week and didn't have any issues prior to the flight. I used it daily for work purposes prior to the day of the flight.

DaFace
11-30-2010, 03:24 PM
It would be very difficult to prive that the damage occurred on the plane...
Posted via Mobile Device

BossChief
11-30-2010, 03:28 PM
I would guess that your requests will be totally ignored by the random person in Aurangabad who reads your letter. Also, I think that they're legally only liable for some weird thing like cost per pound or $75 per bag or some other strange formula that was likely created by a congressman who has his own jet.

No offense, but I think you should've just taken your laptop out of the bag and held it on the plane. Or otherwise said it's a laptop and too fragile to be checked.

I totally agree. Looking back on it, I should have done this and even thought of it once the plane was in the air. This is part of the reason that I am not making a big deal of the lost information on the computer and just the monetary value of the unit itself, as I feel the situation could have been handled better by both sides.

Jenson71
11-30-2010, 03:29 PM
yes on all three.

I havent taken it to any computer places to have it checked out, but I have called geek squad at best buy and they said that what I explained to them about what was happening with the screen is consistent with that of physical damage.

The computer had a virus scan every week and didn't have any issues prior to the flight. I used it daily for work purposes prior to the day of the flight.

If the airline posts signs that say "We are not liable for damaged items that go in the bag compartment" then they have a pretty good defense. They warned, and you might have assumed the risk anyway by handing over the computer.

However, if the signs weren't big enough, and you can convince a court that a reasonable airline would also have warned you personally when you handed them your computer about the possibility of damage, you might still have a case.

By the way, I'm not a lawyer and I don't have a law degree. This is not legal advice. I'm just giving an opinion. I think I'm required to say this so that the ABA and Iowa bar association do not punish me later on down the road.

vailpass
11-30-2010, 03:31 PM
Are you Mileage Plus? If so call them directly.

Donger
11-30-2010, 03:34 PM
You're f*cked.

mikeyis4dcats.
11-30-2010, 03:44 PM
I'm pretty sure your carrier agreement covers this and you're SOL.

Fritz88
11-30-2010, 03:44 PM
Sorry for your loss. It's going to be tough to get them to reimburse you. Don't give up hope though. I know some people who got something back from them.

One the brighter side, do not throw your old computer. The issue maybe coming from the screen which is probably dead. But you can still retain your old data. Take out the HD from it and other important parts. RAM, Battery, etc.

mikeyis4dcats.
11-30-2010, 03:45 PM
Whether or not you pay for excess coverage, airlines are not liable for many high-value items in checked baggage, including currency, valuable papers, electronics and optical equipment, jewelry, artwork, and fragile items. Airlines say you're supposed to keep those valuables with you in your carry-on baggage—or arrange special insurance coverage of your own.

http://www.smartertravel.com/travel-advice/What-options-airline-loses.html?id=14755

Stewie
11-30-2010, 04:05 PM
The Airline Baggage Tossing Olympics start on Thanksgiving Day! Everyone know this. They run until the 4th week of November the following year.

stlchiefs
11-30-2010, 06:53 PM
If the airline posts signs that say "We are not liable for damaged items that go in the bag compartment" then they have a pretty good defense. They warned, and you might have assumed the risk anyway by handing over the computer.

However, if the signs weren't big enough, and you can convince a court that a reasonable airline would also have warned you personally when you handed them your computer about the possibility of damage, you might still have a case.

By the way, I'm not a lawyer and I don't have a law degree. This is not legal advice. I'm just giving an opinion. I think I'm required to say this so that the ABA and Iowa bar association do not punish me later on down the road.

No you obviously are not, but my money is on you being in law school? Am I right?

DaFace
11-30-2010, 06:56 PM
If the airline posts signs that say "We are not liable for damaged items that go in the bag compartment" then they have a pretty good defense. They warned, and you might have assumed the risk anyway by handing over the computer.

However, if the signs weren't big enough, and you can convince a court that a reasonable airline would also have warned you personally when you handed them your computer about the possibility of damage, you might still have a case.

By the way, I'm not a lawyer and I don't have a law degree. This is not legal advice. I'm just giving an opinion. I think I'm required to say this so that the ABA and Iowa bar association do not punish me later on down the road.

The problem as I alluded to earlier is that it would be pretty difficult to prove that the damage occurred on the plane. Based on the problem described, there's probably not a big dent in the side or anything - the screen just went out. That could theoretically happen at any time (stuff breaks), so it'd be tough to prove that it was a direct impact of the flight.

bevischief
11-30-2010, 07:10 PM
SOL...

Jenson71
11-30-2010, 07:20 PM
No you obviously are not, but my money is on you being in law school? Am I right?

That's right. Just a couple of months.

The problem as I alluded to earlier is that it would be pretty difficult to prove that the damage occurred on the plane. Based on the problem described, there's probably not a big dent in the side or anything - the screen just went out. That could theoretically happen at any time (stuff breaks), so it'd be tough to prove that it was a direct impact of the flight.

Yes, I mentioned the proof problem, too. That's why res ipsa loquitor would be argued, where you don't need proof. But I agree with what you're saying -- computers go out for various reasons. It'd be hard to cancel out those various reasons in order to clear the way for res ipsa.

Garcia Bronco
11-30-2010, 08:18 PM
yes on all three.

I havent taken it to any computer places to have it checked out, but I have called geek squad at best buy and they said that what I explained to them about what was happening with the screen is consistent with that of physical damage.

The computer had a virus scan every week and didn't have any issues prior to the flight. I used it daily for work purposes prior to the day of the flight.

Is it under warranty? It sounds like it needs a new display. Otherwise you are screwed. You'd have to small claims court for the 200 bucks to fix it with a referb'ed part.

Garcia Bronco
11-30-2010, 08:20 PM
I totally agree. Looking back on it, I should have done this and even thought of it once the plane was in the air. This is part of the reason that I am not making a big deal of the lost information on the computer and just the monetary value of the unit itself, as I feel the situation could have been handled better by both sides.

The information isn't lost. It could be recovered. Use GOOGLE. you can do this yourself.

stlchiefs
11-30-2010, 08:27 PM
That's right. Just a couple of months.



Yes, I mentioned the proof problem, too. That's why res ipsa loquitor would be argued, where you don't need proof. But I agree with what you're saying -- computers go out for various reasons. It'd be hard to cancel out those various reasons in order to clear the way for res ipsa.

It shows, not trying to be an ass, but it's very obvious by your posts. The fact you're throwing out the bit of law you know right now and trying to make it apply in this instance where it doesn't apply. A tip if you're willing to listen is to learn and keep quiet unless called on in law school, the "intelligent" asses are easy to spot and not well respected. This perception doesn't change once you leave law school either.

GloryDayz
11-30-2010, 08:31 PM
I've never been forced to check (on the aircraft) anything from a briefcase to a backpack (they fit under the seat), and that all my laptop ever has been in. I'd chalk it up to a lesson learned, and pack your laptop in something they can't make you put in the belly. I doubt you win against the airlines - they'll cry, you'll get groped for the next two years, and they'll make you sit in a middle seat (with fat guys on both sides of you) if you piss them off!... And Untied airlines knows how to kick you in the penis harder than a lot of the others...

Jenson71
11-30-2010, 08:36 PM
It shows, not trying to be an ass, but it's very obvious by your posts. The fact you're throwing out the bit of law you know right now and trying to make it apply in this instance where it doesn't apply. A tip if you're willing to listen is to learn and keep quiet unless called on in law school, the "intelligent" asses are easy to spot and not well respected. This perception doesn't change once you leave law school either.

Why doesn't it apply?

I never talk in class, though, unless called on. The posts in here were 1) only informal answers to informal questions 2) only attempts to help an acquaintance out 3) never made with any certainties attached.

Similarly, I appreciate your informal though in my particular case, unnecessary, warnings on failure in law school and in the legal world. But sheesh man, I really don't think my posts were that out-of-line for you to "not try to be an ass" but basically kind of be an ass about how I need to act in class and in the legal world.

stlchiefs
11-30-2010, 09:00 PM
Why doesn't it apply?

I never talk in class, though, unless called on. The posts in here were 1) only informal answers to informal questions 2) only attempts to help an acquaintance out 3) never made with any certainties attached.

Similarly, I appreciate your informal though in my particular case, unnecessary, warnings on failure in law school and in the legal world.

He was asking about how to handle dealing with an airline and you started throwing legal terms around like you were writing a brief, it just didn't fit and came off as someone simply trying to throw out big words for effect. The info you provided was not informal and won't be helpful in this instance, as the OP stated, he's dealing with an airline right now, not a judge, res ipsa doesn't mean crap to a random manager of a call center.

I never said you were going to fail in law school or the real world, rather I wish you the best of luck. Law school is tough, sucks and the legal market is brutal. I offered some free advice on not coming off like a pompous fool when you talk just because you went to law school, take it for what it's worth.

Jenson71
11-30-2010, 09:11 PM
He was asking about how to handle dealing with an airline and you started throwing legal terms around like you were writing a brief, it just didn't fit and came off as someone simply trying to throw out big words for effect. The info you provided was not informal and won't be helpful in this instance, as the OP stated, he's dealing with an airline right now, not a judge, res ipsa doesn't mean crap to a random manager of a call center.

I never said you were going to fail in law school or the real world, rather I wish you the best of luck. Law school is tough, sucks and the legal market is brutal. I offered some free advice on not coming off like a pompous fool when you talk just because you went to law school, take it for what it's worth.

Okay, so I had some fun with a fact pattern. Considering a lot of the best posts on chiefsplanet have to do with drinking antifreeze, celebrating deaths, and posting pictures of people falling and getting hurt, I don't think my posts were that outrageous or harmful. And, I still think they do relate to the problem the thread starter posed to the board.

I'm not trying to impress anyone with big words. And I never qualified my posts with "Hey, just so you know, I go to law school" as some sort of 'pompous fool' celebration of myself. If that's what people take from them, they misunderstood.

RJ
11-30-2010, 09:12 PM
Fragile stuff in luggage gets broken. Fine china, cameras, pasta sculptures, laptops.....this falls under the heading of "shit happens" and does not merit compensation, IMO.

stlchiefs
11-30-2010, 09:29 PM
Okay, so I had some fun with a fact pattern. Considering a lot of the best posts on chiefsplanet have to do with drinking antifreeze, celebrating deaths, and posting pictures of people falling and getting hurt, I don't think my posts were that outrageous or harmful. And, I still think they do relate to the problem the thread starter posed to the board.

I'm not trying to impress anyone with big words. And I never qualified my posts with "Hey, just so you know, I go to law school" as some sort of 'pompous fool' celebration of myself. If that's what people take from them, they misunderstood.

I'll give you that, this isn't the place you usually see legal arguments made! Your post just reminded me of the way a lot of people started to come off after they began law school and rubbed me the wrong way. Some people lose the ability to interact with people and start to spew and talk legal nonsense all the time. You sound like you know how to separate the two. Honestly, best of luck to you in law school.