This incident could happen to anyone that uses air travel.
Stolen Carry- On Bag During Security Check
by Hermann Paul Schlander
This lawsuit decided by the 9th Circuit Court Federal Court of Appeals is as the result of loss of jewelry by the plaintiff, appellant while she was undergoing airport security screening. Ester Dazo was scheduled to take a flight from San Jose, California to Toronto, Canada, via a stop in Saint Louis, Missouri. She placed her carry-on bag, containing approximately $100,000 in jewelry on the conveyor and then passed through the security screening procedure conducted by Globe Airport Security Service, which provided service for Trans World, Continental and American West. When Dazo was through with the screening and went to pick up her luggage, it was gone.
Dazo filed a lawsuit against Globe and the three airlines in the 9th Circuit Federal District Court that dismissed her suit. The district court held that the loss was subject to the Warsaw Convention, since it was an international flight was involved. which limited liability of Globe, if any, to about $5,000 francs. This decision was upheld on the original appeal to the Court of Appeals. The appeal was reconsidered and the Appeals Court reversed and remanded the decisions. This court held " Neither Globe not the air carriers that did not provide Dazo's international carriage should be entitled to the Warsaw Convention limitation of liability. The district court's dismissal of Dazo's claim as preempted by the Warsaw Convention, is therefore reversed and case remanded for further proceedings."
During my years in the insurance business I have handled lots of jewelry claims but never one like this. However, it is common knowledge that Laptop computers are targets of thieves stealing the computers from the X-ray machine conveyor belt while the owner is still being screened. The case is Ester Dazo, vs. Globe Airport Security. Etal, as No.00-15058 D.C. No. CV-99-20548-JW. It should not be too long before it is published by West Publishing Co. There is a 16 page decision via Findlaw-9th Circuit and Adobe Reader on the Internet
The writer is not a lawyer and not giving legal advise. This article is for educational purposes. Keep your eye what goes through the screening process.