damage to laptop stored by flight attendant

Tricky .....


Qantas could argue that you agreed for it to be stored and must have been aware of the method of storage. If one of the FA's had subsequently opened the locker and the laptop fell out, then you would have more of a case for a lack of due care. Unfortunately you were the one who opened the locker so must accept part of the liability, especially as the standard safety demo includes the text "Take care when opening overhead lockers .......".

With the cost of laptops dropping below $1K (OK - maybe $2K for a whiz-bang one) I would be tempted to take the opportunity to upgrade and try and recover some of the rest through ebay.


Cheers,

Andrew

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Frankly I would never let an FA put away my laptop, not that I would ever pull it out before takeoff anyway, unless you got a large delay.

What is the repair bill for the laptop?

 

The FA's also have a duty to endure that the cabin is safe for take-off, and as a result it was there legal duty to ensure that the laptop was safely stowed for take-off. There is thus the question of why it had not be stowed appropriately by this time?

 

It didn't fall out during take off, it fell out when he opened the locker to take something out of the bag from what I can tell from the post; can't see how you could argue that it was inappropriately stored for takeoff

When my lappy got damaged in flight, I just claimed off of my travel insurance and they happily paid out for a replacement; assuming that the OP has travel insurance, shouldn't be an issue


Dave

 

I didn't say it did fall out during take-off.

 

I think that I may have misinterpreted your post; when I 1st read i tI thought that you were suggesting that it handn't been appropriately stored by the FA and that it was the FA's fault; on rereading, I see that you may be questioning how comes the OP hadnt stored it appropriately before the FA came

Dave

 

Can I ask where you laptop bag was during this?

Also, you say there is a bag or computr bag...I didnt know QF carried computer bags for passengers. I have always either placed my laptop bag overhead or under the seat infront when there is no room in the locker above. Mind you, I am usually the first to board as I am not one of those important QP members that wait for final call.

If the attendant had taken your laptop out of the bag, then you might have a case.

From reading what you wrote, you either did not have a laptop bag or you did not secure the laptop in the bag properly when you handed it to the attendant. In any case, you openned the overhead without being careful of displaced objects.

Then again, I could go dive in the wading pool at my local...not signs there yet.

 

I believe there is also stuff in the Qantas T&C's about their liability in a case like this.

Flying with Us - Before You Travel - Conditions of Carriage - Long
"we are not liable for any damage to your Cabin Baggage unless such damage is caused by our negligence"

But then Laptops could be classed as a fragile item or something else under their T&C's.

IMHO, this is a tricky one. While I want to side with the OP about the issue, I feel that Qantas will eventually win. Any travel insurance/credit card insurance/general insurance policies which may help ease the burden?

PS - Welcome to AFF marels

 

I cannot see how you could show negligence; the FAs warn at the end of each flight to "Please take care when opening overhead lockers as you luggage may have move during flight" so assuming this was not the OPs 1st ever flight, this warning wil have been given before

Contact your travel insurance company and lodge a claim for the repairs since damage to luggage normally covered. If no insurance, then to be fair, this is an example of why travel insurance is a sensible thing to have.

You will probably have to deduct the $300 from the claim since that amount has been covered by QF

As far as using the seat pocket for storing the laptop, this should be spotted by the FA and the laptop moved to a location either in the overhead locker or under the seat in front of you since the seatback pockets are not a permitted place for laptop stowage

Dave

 

Yep, i feel it would be a difficult to say QF is at fault, after all the OP could have stowed the notebook when requested themself, even under the seat in front of them. Just as a matter of course i will not allow anybody to handle my notebook unless i really have to.

As has been stated before some other form of insurance, eg house/contents or travel insurance etc may just pay out depending on the policy.

E

 

Even if the OP had a computer bag in the overhead locker, there is no way a FA would open it to put the computer in. It would leave them liable if a pax then stated there was something missing from said bag.

More likely is the FA would pass bag to pax, who puts the item in it, then FA puts bag with item back into locker.

 

I think this is something Qantas is 'cracking down' on. My laptop wheely bag weighs more than 7kg so I normally check it through (because I definately wouldn't want it falling on my head if the locker was to open) and carry my laptop on its own. In that last 6 years I have never had a problem storing the laptop below the seat in front of me until about a month ago when the air hostess spoke to me when I got on the plane and said that it had to be in the overhead locker for takeoff. WTF? So I wrapped it in someone's coat in the overhead locker and hoped for the best - luckily no dramas. But two of my colleagues have had screens broken from having to put theirs in the overhead lockers. I now have a smaller bag for my laptop which I carry it in to disguise the fact it is a laptop and put it back under the seat in front of me.

I think you should pursue the matter with Qantas because I'm sure there's more war stories out there and they can't keep ruining people's laptops.