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LEGAL EASE
Naked in Vegas. Now What?
By George F. “Rick” Evans, Jr., General Counsel BCMS, Evans, Rowe & Hollbrook
You made it to Vegas for that fun-filled weekend but your luggage
didn’t. What do you do? This is the third in a series of articles on
the woes of air travelers and their legal rights. Today we talk about
when you’re at your destination but your bags aren’t. And, by that,
I mean more than just lost luggage, but luggage that isn’t really lost
but just delayed. This isn’t an uncommon scenario. In 2012, there
were 1.78 million reports filed by passengers over delayed or lost
bags. Here’s what may expedite your reunion with them.
Immediately go to the baggage agent for your airline (usually near
the carousel) and report the absence of your bags. If you’ve followed
tip No. 2, below, show them the pics. Don’t leave the airport and
call the loss in later unless you absolutely have to. There are deadlines to just buy what you know is reasonable and present them with a
you must comply with, ranging from 7 to 21 days.
Now, this is where it’s important to know your rights. The law
for domestic flights allows you to demand compensation for up to
$3,500. Don’t let the agent tell you the contrary and try to brush
you off with a toothbrush and paste for the night. If they do, cite to
them 14 Code of Federal Regulations Section 254.4. Trust me.
They know it.
The specific amount you get depends on the circumstances. If,
for example, you’re wearing a polo shirt and shorts and have a crucial
business meeting that afternoon, you’re entitled to be paid for the
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28 San Antonio Medicine • June 2017
reasonable costs of a suit, shirt, tie, shoes, etc. Conversely, if you’re
just going to the roulette table, you may not get anything besides
some pajamas if they can find the bag and get it to you by tomorrow
morning.
Of course, at the time this is happening to you, nobody knows if
your baggage is delayed or permanently lost. And, even if it’s just
delayed, nobody knows whether it’s for a few hours or a week. This
means the amount of your compensation will change with each day.
A delay of a few hours may mean nothing. But nobody can expect
you to wear the same clothes for days on end. You’ll have to work
with the agent on a reasonable allowance. Your other alternative is
claim after the fact. If the costs are fair and you can justify why you
bought what you did, you should prevail.
If your bags are actually lost, you’re only entitled to their depre-
ciated value at the time of loss; not what it costs to actually replace
them with new items. Used clothing isn’t worth a lot so don’t expect
a lot. The airlines want receipts for your stuff but who among us
has a receipt for the boxer shorts you bought 2 years ago? But, if
you’ve followed Tip No. 2, below, you can show them what you
packed and they have to pay you for the value of the things you can
prove they lost.