Airline baggage incidents are perceived as annoying but limited inconveniences. But to one American Airlines customer, a lost suitcase was the supposed straw that broke the proverbial camel into a months-long psychological breakdown abroad. The case has since grown into a lawsuit that involves compensation of medical expenses worth more than 50,000.

The legal claim poses thorny issues concerning the responsibility of the airlines, the readiness of passengers and the adjacency of the international aviation law in situations where unexpected health situations arise at distances far away beyond the home.

The transition between Routine Travel and International Crisis

At the end of December 2023, a Colorado resident was found in court records as KR, departing Baton Rouge to Zurich on an international trip. The route he took also involved his connection at Dallas-Fort Worth, and then he followed a transatlantic flight to Madrid and then went to Switzerland.

Although the first part of the trip was covered by American Airlines, the rest of the flights were codeshare flights served by Iberia, also an airline in oneworld partnership. KR left his baggage at the Baton Rouge airport where he believed it would trail him without any complications to Zurich.

It never arrived

Upon arrival to Switzerland, KR was waiting on the baggage carousel, when he realized that his bagged suitcase had disappeared somewhere along the way. Being without winter clothes, having few personal things, and not knowing the new location, he went out of the airport without the bags.

Winter Weather and Accumulating Stress

December in Zurich is an unforgiving place to people who are unprepared. The temperatures often go below the freezing point and winter conditions are not very favorable even to locals. The lawsuit states that KR asserts that not having the appropriate attire, namely coats, thermal garments, and other necessities that were stuck inside his lost luggage made him feel physically uncomfortable, and he was emotionally upset.

The passenger claims that due to the lengthy exposure to cold, and increasing stress over his lost items, his personal wellbeing suffered greatly. What started off as frustration has apparently turned into psychological instability so great that it necessitated professional medical treatment.

KR argues that the pressure of being in a country that lacks sufficient resources and support had a significant contribution to his mental degradation.

Being Hospitalized in an International Healthcare System

In weeks after arriving in Switzerland, KR allegedly had to be admitted to inpatient psychiatric care. Court filings indicate that he was taken to three various psychiatric centers within a span of more than a month.

In contrast to the international travelers who have international health cover, KR lacked insurance to take mental health care in foreign countries. Consequently, the healthcare system in Switzerland charged him the amount of services provided directly.

When his treatment was over, it was said to have cost him over 50,000 which is an astronomical amount to anyone to afford out of pocket.

KR explains that such medical costs would not have been incurred should his luggage be lost and had the airline taken some decisive action to remedy the situation.

Attempts to Find the Bags That Are Lost

Prior to his mental deterioration, KR asserts that he had taken several attempts to find his luggage. He had made several calls to American Airlines and supplied comprehensive information to help in the search.

The lawsuit states that KR had installed Apple AirTags in his bags to enable him to monitor the position of the device digitally. He claims to have given this location information to the airline because he thought it would assist in recovering faster.

Nevertheless, KR also claims that American Airlines did not respond properly and at the right time to the information. He never had his baggage returned, but one of his bags was later found and sent to him in Switzerland not until April 2024, several months later, many months after he had arrived.

About a week following the collection of the returned luggage, KR returned to the United States.

The suit is also for compensation that is above normal levels.

KR has since sued the American Airlines claiming compensation of his medical and other expenses and damages in view of the lost luggage.

He is trying to claim back the money worth of his lost possessions totaling to about 4,700, which is the highest amount of money that could be claimed as compensation on domestic baggage in the United States.

Nevertheless, legal scholars observe that it was an international trip on his part and that greatly alters the compensation structure.

The interpretation of the Montreal Convention

The living of international air travel is regulated by the Montreal Convention which is a treaty that defines the airline liability in terms of the delayed baggage, damaged baggage, and lost baggage.

The Montreal Convention obliges the airlines to pay to the passengers in case of baggage issues but the payment is limited. At the current exchange rates, its largest liability is 1,519 Special Drawing Rights (SDRs), which is approximately 2,175.

Notably, this limit is on a per-passenger basis, not on a per-bag basis, and this limit overrides domestic compensation regulations when there are international portions of a journey.

Although the journey initiated by KR was a domestic flight, the general route was international, and the lower limit of Montreal Convention would have been used in his case.

The purpose of Travel Insurance is more than ever before

This case reminds us of the significance of extensive travel insurance especially when going on international trips. Another powerful policy is one that will cover emergency medical treatment both mental health treatment and clothing and basic purchases that are uncovered by airline reimbursement limits.

It can even prove to be a case of financial destruction without insurance even when it comes to brief hospital stay abroad. Although KR can be said to have a healthcare bill that is on the lower side of a Swiss medical charge, it is a matter of life changing cost to an uninsured tourist.

Logistical support is also provided by travel insurance such as the assistance of finding lost luggage, emergency care organization, and navigation of foreign healthcare systems.

An International Traveller Cautionary Tale

The case against KR shows that even a minor incursion into a normal travel can turn into a huge personal emergency. The lost luggage which is usually accepted as a minor inconvenience can have a very extended impact when coupled with environmental stress, new environment, and pre existing vulnerabilities.

With the international travel still recovering, this case reminds us that international travel is all about planning, and not about packing bags. Awareness of limits of airline liability, proper insurance and carrying of important issues in hand luggage can help to minimize the effects of the events that are unforeseen.

The courts will have to decide whether they will end up on the side of KR. What remains evident though is the fact that the emotional and economic cost of this experience would be felt by travelers even after the law has been determined.