pan am v. iac
DESCRIPTION
Transportation LawTRANSCRIPT
Pan American Airways v. Intermediate Appellate Court
FACTS
Jose Rapaldas is on board for Pan Am Flight 841 with from Guam to Manila.
While standing in line to board the flight at the Guam airport, Rapadas was ordered by PanAm s handcarry control agent to check-in his Samsonite attache case.
Rapadas protested pointed to the fact that other co-passengers were permitted to handcarry bulkier baggages.
But for fear that he would miss the flight, he agreed to check it in.
He gave his attache case to his brother who happened to be around without declaring its contents or the value of its contents.
Upon his arrival in Manila, he was given all his check-in baggages except the attache case.
Because Rapadas felt ill, he sent his son to request for search of the missing luggage.
Eventually, Rapadas received a letter from PanAm s counsel offering to settle the claim for the sum of $160.00 representing PanAm s alleged limit of liability for loss or damage to a passenger s personal property under the contract of carriage between Rapadas and PanAm.
ISSUE Is PanAm liable for the lost check-in baggage?
COURT RULING
Notice of limited liability in airline ticket
On page 2 of the airline ticket, it states that the Warsaw Convention governs in case of death or injury to the passenger or of loss, damage or destruction to a passenger s luggage.
If the passenger s journey involves an ultimate destination or stop in a country, the Warsaw Convention may be applicable and the convention governs and in most cases, limits the liability of carriers for death or personal injury and in respect of loss or damage to baggage. (Country to country, no stop over = Warsaw Convention applies / baggages are considered international carriages = liability of carriers is limited in case of loss or damage to baggage.)
Passenger is expected to be vigilant with respect to his baggages
In this case, Rapadas actually manifested a disregard with the airline rules insofar as his baggages is concerned. He failed to state the value of the said check-in baggage, and failed to remove whatever check-in valuables he had which should have been placed in his allowable hand-carry baggage instead.