Airline Liable for Death from Lost Baggage
raleigh.injuryboard.com
The United States Court of Appeals upheld a lower Federal Court's ruling against American Airlines. The airline forced an elderly woman to check her bag along with necessary medical devices.
The airline lost her checked items.
The court found that American Airlines was responsible for her subsequent death after losing the bag.
The lower court has held that American Airlines should pay $226,238.81 to the relatives of the woman because she died soon after her bag was lost.
It is thought that this is the first case to ever hold an airline liable for the death of a passenger caused by delay or missing baggage.
The victim died at age 65 after flying from Los Angeles to Guyana in 1997.
An American Airlines' ground attendant forced the lady to check a bag that contained a breathing device to treat her respiratory problems. This meant that she was on the flight without a needed medical device. The agent promised that she would be given the bag immediately upon arriving at Guyana. However, the bag was lost and the victim died days later.
The lower court had ruled that the airlines were responsible for a "willful misconduct" death. The District Court concluded that the seizure of the victim's bag proximately caused her death.
This very significant decision requires airlines to be much more careful in dealing with passengers bags.
