Man files $1 million lawsuit against US Airways for lost Xbox 360
By Paul Miller 
posted March 11th 2009 11:59AM
posted March 11th 2009 11:59AM
[Via Joystiq]
posted March 11th 2009 11:59AM
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I wonder if that number counts the thousands of hours of save files he lost. It would be hard to argue that losing that time is worth money but it may be at the very least a direct cause of his mental anguish. When my COD5 user information was lost by Treyarchs servers I know I felt at little empty inside for about a day and a half... Also if he was a "Hardcore" online gamer the problem could be compounded as not only did he loose his system and have to deal with a disinterested airline, but he also was dealing with the (at least temporary) loss of one of his major social support structures (his XBL friends). A stretch yes but the total size of the law suite is a stretch so I thought I would try and rationalize it...
I hope he wins, that way he can spend that million dollars on a new brain.
-Hey buddy, carry that shit on. Duh!
Maybe the airlines should investigate who stole the XBOX?
Or, maybe this guy should suck it up and get another one?
Airlines are so pleased to get employees at the pitiful rates they pay, why would they take away "benefits" for their employees that cost them nothing?
I can hear it in the job offer, "well, we don't have good insurance, you have to pay to use the toilet, but you can take anything you want as long as we can keep from getting sued!"
last I checked airline employees were union and have quite good pay and benefits.
Check again, the airlines began using scabs and "pushing off" unionized airline workers in order to save on costs.
@Travis: don't be too impressed by the fact that s/he is a Yaley. As a graduate of an Ivy institution myself, I can tell you that being accepted there does not guarantee that you're going to always do intelligent or well-justifed things.
For example: what on Earth made him/her think it might be a good idea to travel with his XBox360 in his checked baggage in the first place? Leave aside the question of why he needed to take it with him--maybe he was going home on break or something--but why in his checked baggage? If it's not a good idea for a laptop, it's probably not a good idea for a game console either!
I hope he does win the maximum allowance allowed, as US Airways is bottom of the barrel in terms of air carriers but:
He is a dumbass for checking something he seems to place such personal value on (US Airways charges you to check the first bag anyway, just Fedex the thing or put it in the overhead)
The 1 million isn't so much coming from him, it's coming from his scumbag lawyer who saw dollar signs and a way for him to survive the recession.
Case in point, US Airways exemplifies whats wrong with the airline industry This guy exemplifies what's wrong with over-privileged American citizens.
You know that the TSA check and opens luggage as well right?
Also, we are missing a large part of this story. What proof does the guy have that his xbox was in the suitcase? and WHY would anyone leave their xbox, or ANY sensitive electronics, in checked luggage where you KNOW it's thrown around in loading and unloading, possibly subjected to lots of vibrations, sudden impacts, and x-rays. I say it's at least partially his fault for being a dumb arse.
the kids dad is a lawyer
Most of the stuff that goes walkabout from baggage is stolen by the Feds (TSA inspectors) not airline baggage handlers.
I agree with this guy to sue, though the 1M$ is quite excessive. If he wins, it will only means that the airline will file for bankruptcy and need a government bail out. THEN every american will pay money to airlines even if they never fly.. I loooove trickle down theories.
$1 million is not going to bankrupt AA. That's enough to pay for a few flights gasoline.
Alaska air got me for about $2500 worth of software I had in a checked bag. Games, photoshop, a couple O.S.'s. I recieved NOTHING... not even an apology. All they sent was a letter saying they were not responsible and as far as they were concerned the issue was resolved. What a bunch of dooshbags Alaska airlines are... I wish this guy would get enough money to shut down U.S. Airways... Some court needs to make an example out of these bozo airlines, and hold them accountable for their actions. They are "allowed" to steal our property, but if we give a stuck up flight attendant a nasty look, we get gang tackled and strip searched by a sky marshall. Air travel is a crock, and airlines are crooks... sad
Test, test.
As someone that flew over 200K miles one year with US Airways (America West)... I would like to see ALL the airlines fail on this policy.
I had $2500 worth of camera equipment 'removed' when United lost my baggage (the bags showed up at my door two days later, much lighter than I left them with the airline). United's response - Electronics are not covered.
HELL - yes it should be. If I trust you with my luggage, you should be able to deliver it (even if broken) to the other location. This airline policy should be fought and won for the consumer. If my favorite airline (yes, US Air) loses $1M - that is a starting point.
The Airline Policy should not be an open policy for theft!
(db)
Yeah, me too... when I travel I pack my case full of gold. And it's never there on the arrival.
god i hope he gets his 1 mil! it probably wont mean much for the airlines but at least we on the consumer side will feel like we taught them a lesson...
I can understand for a notebook but not for a lousy console.
he should just be happy that he got any luggage at all. If you don't fly carry on, you're on your own.
Just because you pay for insurance from a shipper (UPS, FedEx) doesn't guarantee they will automatically cover the loss. Usually they claim "inadequate packaging" no matter what you ship it in. Buyer Beware.
Then you use the UPS Store. Last time I checked, they guaranteed the packaging too. You may pay a bit more to let them pack it, but the cop out of "inadequate packaging" is no longer there. (http://upsstore.com/psp/index.html)
that's why you don't put something like an xbox 360 in your CHECKED luggage
Having experienced how US(Disp)Air treats you when you have a customer service problem I fully approve of the 1 millions dollar fee.
I didn't realize that electronics in checked bags were excluded from reimbursement for lost luggage. I had a digital camera stolen out of my wife's checked bag last summer. It almost seems like the policy to not reimburse for electronics gives baggage handlers / TSA scanners free reign to steal all the electronics they want.
While I agree with the people who say that he was stupid for checking it in the first place they are missing the point.
We've reached a sad state when the default assumption is that anything of value that you fly with will be stolen. American Airlines should be punished for not policing their employees and protecting their customers possessions. One million dollars isn't a fair amount to replace an Xbox but it is a fair amount to make American Airlines wake up to the problem. "Wake up to the problem" is actually too fair to American Airlines. They know that their employees are stealing from their customers. They have simply projected the cost of prevention and compared it to the cost of compensation. Compensation won. Raising the cost of compensation will cause them to reexamine prevention. In that aspect, one million dollars is fair.
Except you don't actually "know" anything about the facts here. You don't know if the kid is lying and trying to make an easy buck or if a TSA employee stole the item or if the baggage was improperly packed and burst open, leaving the item somewhere. It's even possible he picked up the wrong bag.
I can't believe the number of people saying 'oh its all his fault, he shouldn't have checked in his console'. That is a disturbing mentality, don't you think? Airline employees shouldn't be stealing/losing stuff in the first place. There a is a very small limit for carry on luggage, do you really expect him to carry his xbox on fucking board? What if he had a flat screen monitor, laptop, speakers, etc. Do you expect him to carry all of that on board as well? Using FedEx is stupid in this case, its not like its free.
Just in: Life sucks and things get lost. It's common sense that you should reduce your risk if you can. He should learn his lesson and only demand the cost of his Xbox, not a million dollars. It's stupid asking for so much, what an asshole.
I had a similar experience back in the 90s. After traveling from the USVI to Buffalo, NY I noticed a Nintendo64 sitting out on the tarmac near the ground level entrance we (I was flying with my mom) were stepping into and thought, "Wow, looks just like mine, but why wouldn't it be in the luggage..?"
I had quite the facepalm moment after searching my bags and finding out it WAS not only gone, but replaced by a pack of cigarettes. My mom called immediately and spoke to one of the people in charge. A few hrs later we were in his office and I told him of the cigarettes and as soon as I told him the brand, he said, "Oh, I know who it is..." LOL.
Next day, my mom went to pick up the N64 and the supervisor said he'd fired the thieving bastard.
Hope he wins because that even now where they have insane security the damn personnel just goes and steals whole consoles shows it's time they learned a lesson.
The Airline should compensate the guy and give him some extra forhis trouble.
This isn't 'lost luggage'. Someone opened his luggage up and removed his property. That's theft. Not accidental loss.
Good luck with that. Asside from the disclaimers by the airlines for liability limitatons. I wonder how he will even be able to prove that it was in there when he checked his luggage and no longer there when he collected it.
I travel with my xbox 360. I save all my stuff to a removable memory card and that goes with me on my carry on. I figure if anyone steals it, the most I am out is a 3 year old, once repaired, premium console and controller. So far I have travelled every week with it for the last 4 months or so and nothing has happened to it.
I had a similar problem with a digital camera a couple of years ago. The conclusion that I came to is that airline or TSA employees can steal anything electronic from your checked luggage, and there is nothing you can do about it. Don't put electronics in your checked bags unless if you are willing to lose it!
My prediction...
Man wins lawsuit against airline for lost Xbox360 is rewarded $1M.
Following week...
Man's Xbox360 confiscated in FBI sting. Xbox's harddrive found to be containing numerous files with copywrite infringement. Man charged $1.1M in damaged and 1 year of jail time.
If the same cost-to-lawsuit ratio would apply he'd probably be in for a billion dollar demand
Win or lose, by the time the lawsuit ends he could have bought a new xbox 360, several games, all his components, and restored his hard drive (IF he backed it up - we are talking about a brilliant Yale student here).
Which goes to show that he cares more about the money than his games or any sort of "justice."
The "specialized hard drive" was a half key of cocaine.
I think the 1m is just to make a point. Clearly if the system was really in there like he said it was someone opened up his bag and went through all of his stuff. I would feel violated and angry just by that alone. I agree with the fact that you should carry on most electronics, but come on people. A 360 isn't a small piece of machinery, and how much would it suck if you got to the front desk and they told you your carry on was too big and they had to check it. Then you would be SOL because you now have your 360 shittly packed in an unprotected case. Yeah, 1m is a lot of money, but screw the airlines. They are pretty much saying "Hey, we can take whatever we want from you with no reprise". I hope he wins
I love how so many people here jump to the conclusion that the item was stolen by someone working for the airline. For all we know the kid is a liar and trying to make a quick buck. Or he picked up the wrong bag at the airport. Or he never packed the thing in the first place.
someone should throw a gps into one and send it through then track it!
I hope he wins (but I know he has a snowball's chance in hell)... UPS stole my Wii earlier this year and it really sucks to be left with no way to hold a company accountable in this modern age besides suing them.
Here is what really bothers me. It is not the fact that something came up missing. That happens. It IS the fact that it was not a whole shipped item but rather the contents of a packed/checked luggage. I always try and carry on anything of value - it is a real no brainer.
Airport Security is promoted as this Grand thing since 9/11. Well if you have thieves pilfering luggage at will it is not secure at all. How does someone walk out of work with an X-Box and attachments etc? There should be check in and out processes and you should not be allowed to bring items other then the basics in and out. Check your coat at the door and throw on your work coat for the job on the other side of the screening. It SHOULD be just as thorough for workers to go to work as it is for passengers to fly. That will definitely put a damper to a lot of this. I mean workers in retail stores go through stronger security from the appearances of it.
I don't know if the particular Airline is at fault, the airports involved or who else, but they should all be sued. Maybe the "limit of damages" is lifted and a few more people did sue things would get better. Right now there are no repercussions because it is not a fiscal issue to the airlines. I know how much stuff we ship here via major carriers of parcels and I know our loss rate. I don't know what goes on behind the closed doors - are they ex-raying every bag? That makes it easy to find things of value for sure...
To quote Denise P. Wilewski, manager of airport services (in Chicago?) for American November 2007. "We never hit 100 percent - 90 percent is acceptable," With that attitude, no wonder...That is simply lost luggage - not pilfered.
The way I see it, with the airlines not covering electronics (for all those who like to ship xboxes, expensive cameras and such), why don't you get a hard case for it with a lock?
And on top of that, in case the whole case gets stolen (since they cannot open it), you plant a GPS tracking device of some sort into it (or in the electronic you're carrying in there), and voila...
If it gets stolen, you just track it down... and if it ends up being in possession of one of the airline's employees, you still sue them for a $1M bucks, for shits and giggles!
Thieving bastards...
cargo hold of airplane = red light of death!!!!!!!!!!
xbox and components value = $400.
Porn stored on Hard drive value = $999,600
Ehh. I hope he gets his monies worth back.. But 1,000,000 come on guy, frivolous lawsuits anyone?
Why should I have all the fun? @ Mar 11th 2009 12:22PM
"yeah, I don't like strange people handling my bag."
I don't like strangers handling my sac either.
The reason he is suing for $1mill, is so the companies will take a hint and change their policy and watch over their employees. Thus if it happened again then some one else would be able to sue for at least $1mill. At the rate people lose things from their bags, law suits will be popping up on hourly basis all over the country.
If i bought 5 xboxs tomorrow and had to fly to Russia to give it to my cousins, i would not be allowed to take all 5 of them as a carry on.
Now days, carry on is limited in size and count.
If the HDD was that valuable to him, why didn't he just detach it and carry it onboard, or carry the system on board? Not too smart fot a Yale student...