Can you say "lawsuit"?!?!?!
Can you say "lawsuit"?!?!?!
Apologise in advance for the long post...quoting an article I read recently.
Airline Liable for Death from Lost Baggage
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.
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Any "medical device" is allowed in addition to the carry-on baggage limit on USA flag carriers.
Also FYI:
American is quite forthcoming:
Quote:
Assistive devices capable of being collapsed small enough to fit into approved overhead and under seat stowage areas are welcome and do not count toward your carry-on item limit. They must be small enough to be stowed in such a manner as not to protrude into any seating row floorspace or main aisle. Items such as seat cushions, detachable control boxes, armrests or footrests may also be carried on board with you.
The Air Carrier Access Act, which is the federal statute that applies in this case, says:
Quote:
(d) Carriers shall not, in implementing their carry-on baggage policies, count toward a limit on carry-on items any assistive device brought into the cabin by a qualified individual with a disability.
So I guess it depends on whether you are a "qualified individual with a disability" (and no airline lawyer is going to be standing there to make that determination) and whether your INR machine is an "assistive device" (ditto).
My personal feeling is that doctor's notes are pretty irrelevant - once you've gotten to the point where you're pulling out a doctor's note, you're probably in a lose-lose sitation. I've carried my CoaguChek through international customs many times and only once was obliged to surrender it for examination. That was in Belfast and the agent was interested because his father was getting a CoaguChek machine for hometesting..!
Course, I NEVER announce anything...why cause problems???
Susan...FYI see:
http://www.airchina.com.cn/PassengerService/GroundService/BaggageLimitation/default.shtml and also China Southern:
http://www.cs-air.com/en/wnfw/04/index.htm
I would also recommend Susan that you contact your TA and reconfirm baggage limits in China as they are much more strict than USA flag carriers. Your baggage limit will depend upon how your air ticket was issued...is it a code-share ticket validated on a US carrier or do you have separate domestic China tickets? There is a difference.. Have a marvelous time and what a great time to see China. I presume you're cruising the Yantzee and seeing the terracotta soldiers at Xian...Safe journey..!
