Can you sue an airline for damaged luggage

The Montreal Convention governs most international routes: notify the carrier about physical harm to checked baggage within seven days of receipt; the liability cap is 1,288 SDR per passenger (roughly $1,700–$1,900 depending on exchange rates); actions under that treaty must be initiated within two years of arrival at destination or the date the aircraft should have arrived.

Domestic U.S. regulation and carrier contracts differ: many U.S. carriers set liability caps near $3,800 on domestic checked baggage; always review the contract of carriage and the carrier’s published claim deadlines and procedures.

Immediate steps that strengthen a claim: at the airport baggage office obtain a written Property Irregularity Report (PIR) or equivalent; photograph external and internal breakage with timestamps; retain boarding passes, claim tags, receipts and original packaging; obtain repair or replacement estimates; submit a detailed written claim to the carrier’s claims department by certified mail and keep proof of delivery.

If the carrier denies or offers an unsatisfactory settlement, available options include pursuing a claim in small claims court (state limits usually between $2,500 and $10,000), initiating litigation under the Montreal Convention or applicable domestic law within the two-year window, filing a complaint with the U.S. Department of Transportation or the national aviation regulator, and using travel insurance or credit-card purchase protection when policy terms apply.

Preserve the item until claim resolution; do not discard the suitcase or contents; a professional repair estimate that itemizes parts and labor strengthens claims; quantify actual cash value rather than replacement retail price where the carrier applies depreciation; document any emergency expenses and submit receipts to accelerate interim reimbursements.

When potential recovery exceeds small claims limits or complex questions of contract or treaty law arise, consult a lawyer experienced in aviation baggage cases; many attorneys offer free initial assessments or contingency arrangements on higher-value claims.

File a written claim immediately and prepare to escalate to small-claims court

File a written claim with the carrier within seven calendar days of receipt; include clear photos of the broken suitcase, repair estimates, original purchase receipts, boarding pass and baggage tags, plus a dated description of handling at the airport.

Statutes, limits, timelines

International carriage is governed by the Montreal Convention: damage complaints must be lodged with the carrier within seven days of receiving the affected baggage; litigation must begin within two years of arrival or scheduled arrival. Liability under that treaty is limited to 1,288 SDR per passenger unless a higher declared value was paid in advance.

Domestic rules differ by jurisdiction and by each carrier’s contract of carriage. Typical carrier procedures request immediate notification at the arrival desk and a written claim within seven days; state statutes set civil filing deadlines that often range one to three years.

Evidence checklist and recovery strategy

Maintain an evidentiary packet: high-resolution photos showing exterior and interior damage, time-stamped repair estimates, original purchase invoice, boarding pass, baggage tag, baggage-claim receipt and the carrier’s written claim-response. Calculate claim value as replacement cost minus reasonable depreciation; if a higher value was declared and paid, use that declared amount.

If carrier offer is insufficient, escalate to the small-claims court in the jurisdiction where the ticket was issued or where the carrier has an office. Draft a concise demand letter citing the treaty or contract paragraph that supports liability, attach the evidentiary packet, state the numeric remedy sought and set a 14-day deadline to respond. If the dispute proceeds to court, present the same packet plus witness testimony from the airport agent who inspected the bag, if available.

Preventive measure: invest in robust checked bags with reinforced corners and strong zippers; compare models before travel using this resource: best luggage for backpacking asia. Retain receipts and register high-value items separately with the carrier when possible.

Meeting carrier notice and claim deadline requirements regarding broken baggage

Report broken baggage at the airport baggage service desk before leaving the terminal and obtain a Property Irregularity Report (PIR) with a reference number.

Photograph external and internal damage, tag numbers, boarding pass and carrier-issued tag next to contents; include at least three high-resolution images showing the entire item, a close-up of defects and any visible serial numbers.

Under the Montreal Convention, written notice regarding physical breakage of checked baggage must be submitted within 7 days of receipt; complaints about delayed delivery generally require submission within 21 days after receipt.

Domestic contract of carriage terms often mirror international deadlines but may vary; consult the carrier’s contract immediately and note the exact submission channel and address specified in ticket conditions.

File claims via the carrier’s online portal when available and follow up with a written submission by emailed PDF or certified mail containing: PIR, boarding pass, baggage tag copy, timestamped photos, repair estimates or replacement receipts, and proof of value.

Use tracked delivery methods and retain copies of all transmissions; record claim reference numbers, dates sent, names of representatives and any assigned claim ID.

If multiple carriers handled the itinerary, submit notice to each involved carrier according to ticketing carriage rules; identify the primary transporting carrier on the ticket and route additional notices accordingly.

Retain the broken item until the carrier authorizes inspection, repair or disposal; premature disposal often results in denial of the claim.

Observe statutory limitation periods: the Montreal Convention sets a two-year window to initiate legal proceedings, measured from arrival date or from the date the baggage should have arrived in cases of delay.

If a claim is denied or processing stalls, escalate to the carrier’s complaint office and to the national aviation authority; submit full documentation that demonstrates compliance with the carrier’s stated notice and claim deadlines.

What documentation and photos to gather before filing a claim or lawsuit

Collect time-stamped, high-resolution photos (wide, mid and close-up), originals of travel papers, the carrier-issued baggage tag, and a signed incident report at the carrier desk before leaving the airport.

• Travel and proof-of-presence documents
  • Boarding pass and e‑ticket/itinerary with flight number, date, origin and destination.
  • Passport or government ID pages and visa stamps when applicable.
  • Bag claim tag issued by the carrier (keep paper tag and photograph the barcode/number).
  • Copy of the airport report created by carrier staff (Property Irregularity Report or similar) with signature, printed name and timestamp.
• Evidence of item value and ownership
  • Original purchase receipts and warranty documents for suitcase and contents; bank or credit card statements that show purchase dates and amounts.
  • Serial numbers, model and SKU photos or screenshots; record serials in a text file and add timestamps.
  • Certified appraisals or store invoices for high-value items (jewelry, electronics). Include appraiser contact details and letterhead.
• Repair and replacement documentation
  • Written repair estimates on company letterhead with breakdown of parts and labor, dated and signed by the repair shop.
  • Final repair invoices and receipts if repairs are performed; keep both original receipts and photographed copies.
  • If disposal occurs, obtain a written disposal or destruction certificate with signature and date.
• Photographic and video evidence: exact shot list
  1. Context/wide shot: entire bag on carousel or baggage claim area to show location and condition at receipt.
  2. Mid-range shots: whole suitcase from each side (front, back, left, right).
  3. Close-ups: every area with visible impairment–zippers, seams, handles, wheels, corners, hardware, interior lining.
  4. Interior contents: items as found inside, broken items laid out on a neutral surface.
  5. Identification elements: brand label, model tag, serial number, carrier baggage tag barcode/number, boarding pass placed beside tag in a photo.
  6. Scale reference: place a ruler, coin or business card next to each damaged area to show size.
  7. Video: continuous clip of unzipping, removing contents and panning across the bag; include a short clip of the baggage carousel showing time and bag arrival if possible.
  8. Packaging and receipts: photos or scans of original packaging, box, and all receipts or warranty cards.
• Technical requirements and handling of files
  • Shoot at full camera resolution; do not apply filters or heavy cropping. Preserve original files with EXIF metadata intact.
  • Scan paper documents at 300 dpi and save as PDF; photograph small receipts against a dark background with even lighting.
  • Create two backups: one local (external drive) and one cloud copy. Use lossless or high-quality JPEGs; retain original RAW files when available.
  • Filename convention: YYYYMMDD_FLT##_BAGTAG_##_description.jpg (example: 20250821_FL123_BTAG045_photo01.jpg). Maintain a spreadsheet index with file name, brief description, date, time and GPS or location note.
• Witnesses and staff contacts
  • Collect full names, job titles, badge or employee numbers, phone and email of airport staff who completed the report; photograph business cards or name badges.
  • Get contact details of nearby passengers or handlers who observed retrieval; obtain short written statements with date and signature when possible.
  • Save all email correspondence and claim confirmation numbers issued by the carrier; convert important emails to PDF and include in the packet.
• Item preservation and chain of custody
  • Retain the physical case and all contents until the claim reaches final resolution; do not repair or dispose without written authorization.
  • If temporary repairs are necessary, photograph the pre‑repair condition, keep all receipts and obtain a detailed invoice describing work performed.
  • Document any transfer of custody (carrier repair shop, third‑party storage) with signed receipts and timestamps.
• Submission packet checklist
  • Cover sheet with claimant name, flight details, claim reference number and short inventory list with claimed values.
  • Scanned copies of all travel documents and carrier report, grouped by category.
  • Numbered photo appendix matching the spreadsheet index; include captions that state what each image shows and the date taken.
  • Copies of repair estimates, invoices, receipts and appraisals, each labeled and dated.

A well-organized, time-stamped evidence packet with original files, receipts and signed reports greatly increases clarity and credibility during claim review or litigation.

How carrier liability limits and international conventions (Montreal/Warsaw) cap recovery

Invoke the Montreal Convention when it governs carriage; carrier liability regarding checked and unchecked baggage is strictly capped at 1,288 Special Drawing Rights (SDR) per passenger.

This cap governs compensation related to destruction, loss, or physical harm to baggage and represents the legal ceiling absent a valid declared-value agreement or an alternative statutory exception. Settlement offers should be compared against the SDR ceiling rather than a nominal ticket promise.

SDR conversion and claim drafting

Request conversion to local currency using the International Monetary Fund (IMF) SDR exchange rate effective on the date of payment or judgment and cite the exact IMF daily rate when submitting a demand. Example calculation using an illustrative exchange rate: 1,288 SDR × USD 1.35 ≈ USD 1,739. Include that math and a screenshot of the IMF rate inside the claim letter.

Specify the Montreal article being relied upon and state the SDR cap as the statutory limit; attach copies of receipts, tags, and the ticket to justify the amount sought above any voluntary offer.

When Montreal does not apply and practical remedies

Where Montreal is inapplicable, the older Warsaw regime (including the Hague Protocol) may control; liability then is denominated in historic franc units or “gold francs” and typically converts to far lower modern-currency amounts due to antiquated valuation rules. Confirm which convention governs by checking the ticket, carriage contract and applicable law in the departure or destination state.

To increase recoverable sums, declare an excess value at check‑in and pay the required surcharge, purchase private travel insurance with adequate baggage coverage, or negotiate a voluntary higher settlement citing replacement receipts. When statutory caps are inadequate, consider civil claims alleging wilful misconduct or gross negligence under national law, or pursue remedies in a jurisdiction that refuses to apply the treaty cap; obtain legal advice before filing such actions.

Video: