A Colorado man is suing American Airlines for more than $50,000 to pay for hospital bills he racked up when he had to be admitted to a psychiatric hospital in Switzerland for several months.
The passenger claims that his mental health deteriorated as a direct result of American Airlines losing his checked-in luggage, and wants the carrier to cover his treatment costs.
American Airlines passenger ends up in a psychiatric hospital
On December 28, 2023, a Colorado man going by the initials KR was traveling with American Airlines from Baton Rouge to Zurich with connections in Dallas Fort Worth and Madrid, Spain.
Although the first flight was operated by American Airlines, the following two flights were codeshare flights operated by AA’s oneworld alliance partner Iberia.
KR left his luggage at the check-in counter in Baton Rouge and it was meant to be checked all the way to Zurich. On his arrival, however, KR went to the baggage carousel and waited and waited.
It eventually became clear that KR’s checked luggage was lost in transit, and he was forced to leave the airport empty-handed and with only a handful of clothes in his possession.
In a recently filed lawsuit, KR claims that exposure to the extreme cold of a Zurich winter without appropriate clothing that had been in his checked luggage led to his mental health deteriorating to the point that he had to be admitted to a psychiatric hospital.
Passenger landed with $50,000 hospital bill
During his time in Switzerland, KR says he was admitted to three psychiatric hospitals, spending a total of more than a month as an inpatient. Without health insurance, KR was landed with a bill by the Swiss healthcare system of more than $50,000.
KR attempted to buy additional clothing in Switzerland, but given the strength of the Swiss Franc, he found it hard to afford enough clothing to keep him warm in the extreme cold.
Before his mental health declined, KR says he repeatedly tried to get in touch with American Airlines to track down his lost luggage. KR even had Apple AirTags in his bags and would share location information with American Airlines. Unfortunately, he claims AA didn’t act on this information.
In the end, American Airlines located and returned one piece of luggage in April 2024 and sent this to KR in Switzerland. One week later, KR returned to the United States.
Montreal Convention covers compensation for delayed luggage
Outside of any legal responsibilities, airlines will usually tell passengers whose bags have been misplaced to go ahead and buy essential items at a reasonable cost themselves, which the airline will reimburse at a later date.
The two main problems with this approach are that airlines don’t generally define what ‘reasonable’ costs are, and it relies upon the passenger having enough money to buy new clothes and other essentials out of pocket.
For international flights, airlines are obliged to compensate passengers for delayed or lost luggage under the provisions of the Montreal Convention. Liability under the Montreal Convention is, however, capped at 1,519 Special Drawing Rights, which is worth approximately $2,175.00.
This compensation cap is per passenger, not per piece of luggage.
In his lawsuit, KR is attempting to claim $4,700 for his lost luggage, which is the limit for domestic flights within the United States. As KR was on an international itinerary, even if the first flight was ‘domestic,’ the lower cap imposed by the Montreal Convention would apply.
The importance of having travel insurance
Even with various legal provisions that make airlines liable for paying compensation in a wide range of situations, this case is a classic example of why it’s so important to have a comprehensive travel insurance policy.
By some standards, KR’s hospital bill would be considered a pretty good value, but without insurance, it’s a cost that could quickly become crippling. In addition, a good quality travel insurance policy would cover clothing expenses above what an airline might be willing to pay.
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Mateusz Maszczynski honed his skills as an international flight attendant at the most prominent airline in the Middle East and has been flying ever since… most recently for a well known European airline. Matt is passionate about the aviation industry and has become an expert in passenger experience and human-centric stories. Always keeping an ear close to the ground, Matt’s industry insights, analysis and news coverage is frequently relied upon by some of the biggest names in journalism.