Man files $1 million lawsuit against US Airways for lost Xbox 360
A Yale student is suing US Airways for $1 million in compensation for his lost Xbox 360 and the emotional toll of attempting to recover it. He claims he had an Xbox 360 with a "specialized hard drive" and other fancy components worth more than $1,000 (is that the kind with the really, really loud drive noise?) in his checked luggage, and when he went to pick up his luggage it was considerably lighter than before, with the Xbox 360 and components found as the only thing missing. Sounds like no-fun-at-all, and the "run-around" he got with speaking to five different airline employees sounds equally painful, but we're not sure how that all adds up to $1,000,000 -- the maximum allowable by law in his state. US Airways says that not only does the federal limit of liability for lost luggage top out at $3,300, but that electronics checked in luggage are specifically excluded from liability. How kind.
[Via Joystiq]
[Via Joystiq]
























Its odd that, cause when I vibrate your mom she seems to go off like a bomb xD
It's not that they don't cover electronics because they're fragile, but because they're valuable. I've had gear stolen and it went something like this:
me: "Why won't you pay for my gear that you stole?"
airline: "Because it was valuable."
me: "So if it was worthless, you'd cover it?"
airline: "Yes, but we wouldn't have to pay if it was worthless."
me: "So you pretty much never pay for anything?"
airline: "That's right, but we can give you a $20 coupon for future travel."
CLICK.
@Nick That's because it probably got turned on, and modern bombs don't tick, they vibrate.
"Nine times out of ten it's an electric razor, but..."
But of those one out of ten times it isn't a razor, it's a toothbrush, a vibrator, or some other equally innocuous device.
Modern bombs don't vibrate either - you don't need something moving to count down, that's what a 555 timer chip is for. A modern explosive timer can be embedded a single chip, placed on a breadboard in a simple enclosure, and then filled with potting. No motion, no visibility. And that's also why we use X-rays and chemical scanners, rather than shaking things and hoping they go "BZZZZ" long enough before they go "Boom" for us to get out of the way.
They may be able to recover it and catch the thief when he uses it to go online.
http://www.engadget.com/2008/12/15/stolen-xbox-recovered-by-victim-using-controller-science/
http://www.engadget.com/2008/08/11/stolen-ps3-gets-tracked-down-via-playstation-network/
Greedy asshole. Yeah, it sucks that someone stole your xbox. But a million dollars?
This is why I hate being an American sometimes.
Being an American gives you the freedom to sue for 1 million dollars, it does not guarantee that you will get it. If I could, I would sue comcast for 1,00000000000000000000000000000000000000 dollars!
If this is a reason for you to hate being an American, then you are a fool.
High Five!
@kevin
i hope you also appreciate your right as an American to get off you lazy, complaining ass and actually change things you don't like. oh, that's right, you forgot. most of the world incorrectly associates the action of one with every other American, why don't you just join them in their country?
Yes, Kevin, get off your lazy ass and implement tort reform. Now!
That "specialized hard drive" better has some damn good porn.
it's probably modded and full of pirated games
@brendan: As far as I know, there's no way to run 360 games off the hard drive yet, aside from Live Arcade games and games installed to the HD, and the latter still require the disc in the tray. If this has changed, please post a link.
you are correct, currently you cannot boot "disk" games from your HD. (but I do think it will be possible some day with the new feature to download the game to your HD, it's only a matter of time before the hackers figure out a way to trick your 360 into thinking the disk is in the tray)
I was only trying to figure out what was on his "specialized hard drive"
No money for him, huh?
Yes, its very democratic not to be refunded for lost electronics :)
I agree this guy is a jerk, but seriously, WTF does this have to do with democracy?
Why a jerk? I doubt he expects to collect the one million, but if I received the treatment he did from them I'd sue for the max legal amount too. Unfortunately that's probably what is needed to get their attention.
An employee (allegedly) stole from his luggage. That does not fall under damage or loss.
For the airline to giver him the runaround is bad. That they happened to mess with someone who's father is a lawyer is their mistake.
I hope the kid gets $10K for his troubles, and the airlines stop hiring criminals to throw the bags.
The only mitigating factor here might be if the TSA stole it, something I find highly believable.
"...electronics checked in luggage are specifically excluded from liability." Does that mean airline employees steal so much from suitcases that they can't afford to reimburse travelers?
US Airways OWES the guy. Maybe not a million, but the allowable maximum. At least!
Of course we may not be sure that it was in there in the first place. ;-(
You'd think a Yale student would be able to determine the worth more accurately.
Lol... I agree.
Sounds like a future politician to me.
If he's anything like Shrub, then NO.
@ Dave, sounds like the current banking system to me
What a dipshit. Who checks ANYTHING expensive in luggage? I sure as hell didn't go to Yale- you'd think someone with a fancy education would know better... But I suppose they don't teach basic travel skills in private schools, eh?
Exactly my thoughts. You have to be pretty dumb to check expensive electronics, let alone ANYTHING expensive. I think people that spend a bunch of money on luggage are equally dumb as that stuff gets trashed.
George Bush Junior went to Yale. Anything's possible....
@JD - whilst I agree with you, that it's never a smart idea to pack expensive things in hold luggage, sometimes you have no option. Being a photographer there have been many times when i've waved goodbye to $20K's worth of kit on a conveyor belt with nothing but hope that it comes out the other end! Insurance does not cover 'in-transit' ie the moment I give it to the check in desk, and the airline usually only offer £250 per lost bag, MAX! But what option do I have? DHL it to every job?!
Something is VERY wrong with all this airport passing the buck crap and we shouldn't put up with it. If something gets lost or broken then they should pay up or replace it, immediately, whatever it is, period. I'd be happy to pay an insurance premium, it just doesn't exist.
$1M for an Xbox? I think he's really angry! :)
Especially since they are actually charging us for checked luggage now.. I mean if you're going to charge me to put it in your safe keeping, you damn well better make sure it's kept safe..
The problem is that you have to tell them what you have in there and prove it is in there. Otherwise it is a he said/corporate giant said
He's a dumbass for not packing it in his carry-on luggage or backpack.
Or shipping it via a carrier that offers insurance, like UPS or FedEx.
$1 million? Really?
Even though the whole thing sounds shady to begin with... that is just absurd. EVEN IF it was a 360 valued at the $1000 he claims... he still shouldn't even get $1000 for it.
Sounds like someone is brewing up their own "recession antidote".
HAHAHHA
thanks for the laugh!
:-D
The lost luggage clause probably shouldn't apply. His item was stolen, not lost.
How can he prove that it was there before he checked it?
He'll need to prove it was there regardless of how the airline tries to portray it, lost or stolen.
At the very least he might be able to prove the weight of his bag during check in.
That is easy the weight of his luggage at check in minus the weight when it was picked up if it doesn't equal the weight of a 360 than it wasn't there. I would be pissed too if my 360 were stolen, but of course I would have shipped mine ahead of me via FedEx or UPS. They are liable for it especially if you insure it.
He could watch to see if anyone ever signs on with his Gamertag and use that to track it down. It's been done before.
~ Shoe
While I think the 1 mil thing is a bit ridiculous, the airlines have so many restrictions on how much you can carry on, and then charge you for checking bags in. In fact, they charge you for every frickin thing they could - even though fuel is half of what it was when this crap started. Anyways, I hope the guy gets 10 grand, and the Feds investigate the theft.
And may your first child be a masculine child.
Incarcerate him, for clogging up the court system.
No, incarcerate you for your crimes against rational thought.
He/She deserves the million dollars. We must hold airlines accountable and this is the perfect case to prove the point. He/She is a Yale student and I am sure there is a valid reason behind the dollar amount. Imagine having to waste your time arguing with the airline...
You are an idiot and it's exactly that way of thinking that lead to the economic problems we have today. Go die now...
"... I am sure there is a valid reason behind the dollar amount."
Does greed count as a 'valid reason'?
first, it may not be the airline's fault. the guy/gal schlepping the bags about is most likely an employee of the Department of Homeland Security's TSA Dept. Why doesnt he talk to them?
And yes, this is why Tort Reform is something that needs to be addressed. Most likely, this guy will only really be eligible for a small percentage of his claim so he is aiming for the high end. Perhaps the legal scholars at engadget can help us out with clarification.
but i can think of some mental anguish that this guy needs. by mental anguish i mean "someone needs to punch his crying ass in the face." really, if is is entitled to *anything* it should be only the MSRP of the missing products, after he provides proof that it was in there. Otherwise, next time i travel, my diamond-studded prada sunglasses will "mysteriously" go missing from my checked baggage.
The guys time is worth something. I'm not sure that he is entitled to $1m, but he is entitled to compensation for more than the $350 that the item costs. Even assuming that the media on the drive was purchased legally and easily replaceable, it takes time to replace that stuff. Not to mention the time it takes to jump through all the bull shit hoops that any loss/claim process takes.
I've always thought there must be a business where you can sting baggage handlers. So, you fly around the country and check your bags with something worth stealing (like a Xbox 360), but you insert a RFID in the stealable item. Then, once you find out that they stole it, you just track it down - BANG! - you've either caught some dumbass baggage handler or you've cracked an international ring of thieves. Then you sue the living shit out of the airport, the baggage handlers, the TSA. There's got to be money in that.
Maybe he put a SSD in his Xbox?
This type of behavior exemplifies gross abuse of our legal system. This type of selfish behavio ultimately cost us taxpayers indirectly. Is the airline at fault? Certainly. I can see them compensating him with tricked-out Xbox 360.
Also throw in the time he wasted. I would say $3000 USD at most. $1 million? There should be some sort of penalty for this type of frivolious lawsuit. And this guy's from Yale? It's good to know that Ivy League produce this type of characters who are doing such stellar jobs at many of the Wall Street and financial.
Speaking of, I rather see a class action against all those Wall Street firms that's responsible for this economic crisis. More so it should be directed at every single firm that asked for bailout package yet doled out huge bonus to their executives.
I for one get completely stressed out by the economy and that whole bonus traumatized me. I deserve $100k for it as do the rest of working class American.