Air travelers who
have been wronged may find that there’s nothing more intimidating than seeking
legal action against an airline or how to sue an airline.
From the smaller inconveniences of flight
delays and lost luggage to the overwhelming tragedies of personal injury and
loss of life, a traveler or family must pit themselves against a seemingly
faceless conglomerate.
By knowing how to
initiate the legal process, many consumers have found a resolution when suing
an airline.
Air travelers who
have been wronged may find that there’s nothing more intimidating than seeking
legal action against an airline or how to sue an airline.
From the smaller inconveniences of flight
delays and lost luggage to the overwhelming tragedies of personal injury and
loss of life, a traveler or family must pit themselves against a seemingly
faceless conglomerate.
By knowing how to
initiate the legal process, many consumers have found a resolution when suing
an airline.
Recommended AssociatesHow to Sue the AirlineBy sunil Dec 12, 2008 - 1:34:24 PM
Have
you had a bad experience travelling and want to know how to sue the airlines?
Air travelers who
have been wronged may find that there’s nothing more intimidating than seeking
legal action against an airline or how to sue an airline.
From the smaller inconveniences of flight
delays and lost luggage to the overwhelming tragedies of personal injury and
loss of life, a traveler or family must pit themselves against a seemingly
faceless conglomerate.
By knowing how to
initiate the legal process, many consumers have found a resolution when suing
an airline.
A traveler may choose to sue an airline in small claims
court when they have been wronged in such a manner that additional expense is
incurred and the airline refuses reimbursement. Most states limit monetary
awards in small claims court to between $3,000 and $7,500. A traveler may not
sue in small claims court when an airline loses property or damages goods.
Factors to consider when filing:
Prior to pursuing action in small claims court for suing
an airline, one must determine the following:
How to file a claim:
Once you have decided to sue an airline carrier in small
claims court, you should contact the clerk's office for court procedures
including filing fees, jurisdictional issues and ceiling on amount of money
that can be awarded. It is also important to find out whether or not there is a
time limit on filing the particular claim.
When filing out any small claims paperwork, it is critical
to be honest and accurate. Remember to find out the legal address and official
or corporate name of the airline. Then, make sure the airline has an office or
has flights that leave from the area. This will give the courts jurisdiction or
legal power over the airline to call them into court. It is important to be
aware that the court will not be responsible for actually collecting any money
for you. It is entirely your responsibility. Collecting the money owed is the
most difficult part of the process so one has to learn to be patient.
With
regard to flight delays:
Sound legal ground also exists to sue an airline, when
a plane “pushes back from the blocks” or leaves the gate on time but sits on
the runway for an hour or more because of known flight delays.
Airlines, in an attempt to repair their image
in the midst of rampant flight delays, often resort to this tactic so they can
show an on-time departure.
If passengers
can prove that this was the case, then they can sue.
However, this is “usually a tough one to
prove.”
With rampant delays, it will be
easier for passengers who sit on the runway for extended periods of time to
prove that the airline was more concerned with protecting its image.
For mishandled
baggage:
The main obstacle passengers encounter when
seeking legal reparation or suing an airline for mishandled baggage claims is
the large number of airline restrictions.
The consumer must realize that the airlines have tariffs [or rules] that
prohibit compensation for nearly everything when filing a claim.
The tariffs differ for each airline but
typically include items such as laptop computers, jewelry and electrical
appliances. Tariffs are listed in the fine print on the back of each airline
ticket and, as a result, many travelers are unaware of these exclusions.
Travelers who have baggage claims arising out
of international flights face an additional obstacle.
Luggage liability limits differ on international
air travel due to the Warsaw Convention.
Drafted in 1929, this treaty sets the limit at $9.77 per pound of
baggage.
For domestic travel, airlines recently
raised the luggage liability limit from $1,250 to $2,500 with their
implementations of the Customers First plans.
While it is very difficult to recover this amount, there are certain
circumstances where tariffs would not apply.
For example, e-tickets are an exception because consumers do not receive
a paper ticket with the restrictions listed. If the airline loses your luggage
without giving you the written restrictions, you could sue on the legal
foundation of negligence.
This best selling book will teach you how
to sue an airline, get legally compensated and show that you will not tolerate airline
abuse. T
his 50 page
comprehensive step by step book that will guide you in properly filing an
airline complaint and receiving the compensation you deserve because of being
mistreated by the rude, irresponsible, ignorant and careless behavior of airline
staff.
Sunil is a frequent
traveler who at one point travelled over 95% of the year for four straight
years as a corporate consultant.
He has
racked multi-million miles of air travel and has reached elite status with
several airlines, hotel chains and car rental companies.
His book "Sue the Airlines" focuses
on the many frustrations experienced by air travelers’ resulting from airline
ignorance and mal-treatment.
The book
guides someone who has suffered from airline abuse to collecting the compensation
they deserve for all troubles and inconveniences caused by airline companies.
http://www.sue-the-airline.com/
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