A United agent checks in passengers at Chicago O'Hare. All checked luggage is inspected by airline personnel during the check in process to ensure suitability for transport. (AP Photo/M. Spencer Green)
United Airlines has had more than it’s fair share of bad press, some deserved, some not. Consumer frustration has even spawned the long-running website untied.com. However, when Dave Carroll of the Canadian band Sons of Maxwell flew with United last year from Nova Scotia to Nebraska, one of the groups $3500 guitars was broken during the journey.
The group has posted the video United Breaks Guitars, and the video has gone viral on YouTube. United spokesperson Robin Urbanski is quoted as having said she “loved” it. “This has struck a chord with us, and we’ve contacted him directly to make it right.” Urbanski said in a statement. It appears even the demonized airlines public relations staff aren’t immune to puns. This may, however, set a dangerous precedent for handling of future complaints.
Unlike many travelers who unfortunately find their luggage or its contents may be damaged during the course of a journey, Carroll did not notify United immediately upon discovering the damage, claiming there were no baggage service staff to meet the delayed flight in Omaha. Policies differ by airline, but most carriers require the damage be reported within a few hours of arrival at the final destination. In United's case, it's 24 hours. Carroll stayed in Nebraska for a week, but the damage was not reported to United until the return flight. Most airlines rightfully deny damage claims if the carrier is not notified within a few hours of the flight, otherwise it is impossible to prove the damage happened in flight. Carroll claims he witnessed baggage handlers mistreating his guitar (yet it cannot be proven those actions resulted in the damage unless it was seen breaking), and notified flight attendants immediately, who he claims were disinterested in his complaint. At this point, there is some room for a customer service complaint, as customer service employees are expected to at least make passengers feel as though they care, even if they are powerless to provide assistance – but this is not sufficient to substantiate a damage claim.
Perhaps I’m just jaded, having worked in Baggage Service. Perhaps I’ve seen too many scam artists using an airline’s liability for checked baggage to their advantage. While it’s unfortunate Carroll’s guitar has been broken, the maxim remains: airlines are responsible for luggage, not their contents. Carriers do not inspect the contents of luggage to ensure it is intact before accepting it for transport, and thus cannot be expected to be liable. Imagine the time it would take to inventory the condition of each item inside a bag. Check-in would take half a day. Airline employees inspect whether luggage is suitable to protect the contents before accepting it. If not suitable, passengers sign a form releasing the airline from liability for damage. In cases where the airline is clearly negligible (luggage arrives burned, shredded, punctured or otherwise not structurally intact) all bets are off as the bag was intact when checked and damaged when arrived, but if the bag arrives in the same condition it was checked, the contents are assumed to be as well, as the bag is designed to properly protect what it carries. Carroll did not sign a waiver upon check-in at Halifax, so it can be inferred the guitar case was suitable for transport. One can only wonder what sort of mistreatment the case would have to be subjected to.
Neither United nor Carroll have any proof the guitar wasn’t damaged on the way to the airport, or while being unpacked after arrival. Even if the bag was mishandled and the passenger witnessed it, there is no proof that was the cause. If Carroll had seen his bag being mishandled, can’t it be assumed he would have checked immediately upon receiving his bag to ensure the contents were safe, especially such a dear item, and not waited until his return flight? Could not a tour manager have stayed behind with the broken guitar, especially if it were rendered unusable during the course of the tour, to file the claim? I am not implying fraud is the case. It’s very possible United’s employees caused the damage, but Carroll’s failure to claim the damage within a reasonable amount of time opens up the possibility that they didn’t, and this is where United (like all carriers) rightfully protects itself.
By pandering to Carroll’s very public appeal, the airline is opening the floodgates for future opportunists. It seems anyone with a video camera, a guitar, and an imagination now has the ability to appeal to worldwide public opinion, which is already proven to readily jump at any opportunity to demonize the already beleaguered airline industry. United has essentially destroyed the integrity of their damage liability by giving in. Hopefully the extra millions the airline takes in baggage fees will help offset the increase in damage claims.
Comments
Your column is only valid if you assume everybody is dishonest. When is the last time you flew? Are you aware that the big airlines customer service is ABSOLUTELY HORRIBLE?
Get a life.
Wow. How about res ipsa loquitur, then?
Presumably Carroll travels regularly, presumably his case is of sufficient quality to protect its contents and has done so in the past, presumably as a musician he probably cares well for it, yes?
Now we've got witnesses who SEE the bags being THROWN, such that they comment publicly to other people on the plane?
Hmmm, I wonder how that guitar got smashed?
We'll never know for sure, I guess. But one explanation seems to be pretty likely.
Must own stock in United. San Diego? Bush Country Republican.
In any small claims court in the nation, the judge would side with him. 'PROOF' is not needed, just a preponderance of the evidence.
Your article is very disheartening. Plus I don't think a guy from the maritimes would go that far out of his way to fabricate a story, record, produce and make a video so an obviously flawed airline will pay for his guitar repair.
This is a case where policy is used to excuse to poor service. This is extortion by the airline industry. The public backlash is well earned sown from the seeds of indifference and incompetence. Yes, some hucksters can fraud the industry but the airlines folly is legendary and have acted with impunity like some foreign diplomat and have rightly reaped this rich harvest.
Unforunately sir, your argument that the 24 hour limit is reasonable is rendered pointless by your argument that the condition of the contents of the bags themselves are impossible to know, which itself is a poor argument. If you can come up with a valid reason why this man would not easily win in a small claims court I would be sincerely surprised.
The guy who writes this column is getting some sort of kickback or sweetheart deal from the airlines.
United: "Upgrade to first class Mr. Laird?"
Laird: "Well I should hope so, you DO know who I am, right?"
Stop being naive. That's why his "opinion" is in lock-step with something the company attorney wrote and handed to Mr. Laird to paraphrase.
What an ass you are. If you read Dave Carrol's lengthy and detailed description of the events (it took me all of a 10 second google search to find it), you would see that Dave acted responsibly and was thwarted from reporting several times.
Policy is a convenient way to cast aside responsibility. I hope your personal belonongs are damaged or stolen while traveling with United. Instant Karma's gonna get you
The only thing more smarmy than this article is the "public face" photo used by the author. Read/watch the news and get the facts on the story and then hand you piece over to an editor for a rewrite.
Let me type this real slow so you can understand. They... threw... a... three...THOUSAND DOLLAR GUITAR!!!!!! They, and I, are both lucky it wasn't my Taylor. I would have pounded somebody's nose back into their skull.
I know Dave, he is a stand-up guy. I heard the story long before the video. No scam here! By the way I know him because he volunteers with me on our community fire department, kind of guy he is!
This article exemplifies the problem. Policy is is used as an excuse to do the wrong thing. The excuse is that following protocol to the T prevents cheating. Good customer service has room for good judgement and discretion. A reasonable person would plainly conclude that tossing guitars when loading baggage on a tarmac is outrageous, even if the complaint was filed on the wrong day per policy, and the musician's good faith effort to report on the same day would count for something. This is why people keep saying this would be a small claims court slam dunk. Good customer service practice would enable employees and/or managers to use their good judgement instead of hiding behind policy.
Mr. Laird,
Blaming the victim. How very nice of you. And if someone raped your sister and she failed to report it to the police immediately would you then say the rapist is not responsible?
I have flown American late flights and there is usually absolutely NO ONE to claim a complaint to at the arrival.
"Could not a tour manager have stayed behind...?" You ask. Are you aware that the average independent musician makes far less than the minimum wage? Normally the tour manager doubles as driver, roadie and even sound man.
If you are lucky enough to get a paying gig, you can't afford to cancel because of a broken guitar. You get yourself a cheapo axe and soldier on.
You are a disgusting corporate-apologist. A cheap Kay guitar with no strings is still worth more than you will ever be.
And to think entire African families could have been fed for decades with the resources that have been spent raising a smug a-hole like yourself.
What a waste.
Simple cause and effect is being ignored by the author of this article. Case is tossed/damaged and thus the contents are broken. How can the airline be responsible for the luggage and not the effects of the damaged luggage has on the contents of said case?
It's like saying if you get in a car accident the insurance will pay for the damage to the car but not your medical bills.... HELLO!
Macca - Class act, comparing a violent sex crime to a broken guitar. Rape victims the world over must be cheering at the marginalization.
asl - The problem isn't the policy, it's the reason the policy was put in place. I've seen people check entirely empty bags, and then sue the airlines because the contents were "stolen". It's impossible to separate who's lying from who isn't? I have no doubt Dave's claims are 100% true, but policy dictates behavior, and when it's bent, behavior gets worse.
Pete - I'm sure Dave is a very nice guy, and I'm sure he's telling the truth. What I'm pointing out is that the fault isn't the airline's - they've simply been painted into a corner because other dishonest people have taken advantage of them.
Taylor810owner - that's a good way to go to jail and get sued for more than the value of your guitar.
John - I pay for my ticket on United just like everybody else. Everybody knows an airline's loyalty is to money, not people ;-)
MC - While you're Googling, why don't you google "karma". It's a little deeper than you describe. For what it's worth, I've had my bag lost by United before, and for well over a week.
Hum... - United's liability for damaged or lost luggage on international flights is actually limited by the Montreal Convention to a few hundred dollars. Small claims court would be a hassle, as the "smoking gun" is the 24 hour rule.
CA - So should United apply policies selectively based on regional stereotypes?
GD - Policy is in place in an attempt to keep everyone honest, and even then it still fails. Dishonesty has necessitated caution.
Well, Scott is certainly getting blasted for his comments. I enjoyed the video and the song stuck in my head. The airlines long ago decided paying claims was cheaper than requiring claim checks to be presented. Do any of you remember those days? Yes, the airline secured our luggage until we claimed it. Now its there for anyone to take. And I have certainly arrived at my share of small town airports where "no staff" was around bag claim. Heaven help you if you arrive late at night, the employees might be in their cars before you. I'm pleased United took a lighthearted approach, perhaps this will be one of the many events that help the carrier learn to be better.
Hey Scott, I think it's unanimous: you suck.
Why don't you try flying an airline instead of just offering half-baked apologies on their behalf? Jeez.
Keep up the good work, Scott. It's amazing how selectively people pick things out of the article to harp on. Apparently, these folks would prefer that the Airlines take an inventory of the items in your checked luggage and then use that to cross-reference any claims of lost or stolen baggage. They also fail to connect the dots that an extremely cheap airline ticket equates directly to low paid and understaffed airport stations.
Also, it warrants mentioning that the passenger could have purchased additional insurance for his valuable item; I'm not familiar with United's approach, but Delta does offer insurance for a fee, as do MANY private companies.
I'll give the guy credit...it was a neat song.
I suppose you are allowed to be biased because you worked in the industry. But it sounds like Mr. Carroll DID attempt to talk to someone while at the airport:
-The flight attendant
-The lead agent
-The employee at the gate
-Employees at the airport after landing in Omaha
Why didn't one of these employees EXPLAIN THE PROCEDURE to Mr. Carroll? If he was met with a lack of concern or consideration, what else was he supposed to do?
A 1am flight arrival: you are tired, cranky and getting ready for a week long tour. I don't know about you, but under these conditions -and especially given the fact that EVERY OTHER PERSON I tried tried talking to didn't seem to care - I wouldn't be up for trying to file a baggage claim.
Mr. Carroll then LEFT OMAHA on his tour, taking the damaged guitar, which he NEEDED TO PLAY while on tour. He then tried to lodge a complaint in person...when he finally found someone who would listen.
This is just a case of BAD CUSTOMER SERVICE from Uni
I might be receptive to the airline's (your) problems with baggage if they didn't give Carroll such a run-around when he tried to get the repair paid for. If the policy is that he needs to report it within 24 hours the very first person he spoke with should have told him he was up the creek w/o a paddle. Instead they send him on a wild goose chase where he has to deal with inept airline employees passing the buck from one to the next. Its one thing to have policies in place to handle scams and con jobs, but its another thing entirely when the company's policy is its own scam.
Mr. Carroll should never have checked a $3500 instrument in the first place! And he should have had insurance! United should not have given him the run-around, but since Mr. Carroll could not PROVE that it was United's negligence, then shy should they think they should have to pay? United shouldn't have accepted the item unless a waiver was signed to protect themselves. It's an unfornuate situation, but I do believe that both parties are responsible for what happened.
While I understand the complexity of the issue of content and fraud, this seems hardly the point. Your take on events glosses over glaringly poor customer service from the very start. Whether damage was caused by the guitar being throw or not, it should NEVER have been treated that. The flight attendants should have helped, etc. The list goes on and on.
Frankly, your point that this decision opens the airline up for all sort of claims misses the point. It is not their decision that opened these flood gates, but their shockingly poor treatment of this customer.
United has earned any losses it gets as a result. I hope the band finds some extra success as a result too. In the face of a struggling industry, defending this situation only exposes an ignorance and self-defeating superiority that will achieve the very OPPOSITE result as that which you seem to want.
Scott,
Your article must sound like the BS United gave Dave for a year.
You think this sets a "dangerous precedent"?
Yes god help us if corporations start doing the right thing.
Love the song (2million hits and counting).
Love the bad press for United.
TSA and airline security is a joke.
Guitars are too dangerous to be carried on and must be checked!
We have to break your guitar or the terrorists win.
A struggling musician who has gigs in Nebraska (not in Omaha) has to go back to the Omaha Airport the next day because the Airline had no staff to take his complaint when he landed? Would they reimburse him for the parking fees at the airport? There should be someone at the baggage claim at least 30 minutes after the last piece of luggage is placed on the belt. Blame the victim because he didn't work around their work schedule. Leave your manager behind to complain the next day -- are you serious? Would they pay for the manager's car to catch up? It wouldn't be such a hit if it didn't strike a chord (to use United's term) in our collective experience with airlines.
More of the same BS.
Laird, people like you are what's wrong with airlines. Do yourself a favor, stop writing. Really, stop. Please. You don't do it well, and what you have to stay is just stupid.
Yes, your years in Baggage Claims has made you jaded. Suddenly this successful musician decides to blame an airline for breaking his guitar, spends a year trying to get customer service, and HE'S AT FAULT? Sorry, I've flown enough to know that A. Baggage handlers break stuff all the time and B. There is NEVER the right person at the airport when you need them to be. You're full of it.
I nearly got into a fight with the "supervisor" of the baggage handlers of Southwest Airlines in Kansas City after watching one of his gorillas literally hurling every bag three feet through the air onto the conveyor rather than just pulling directly from the cart to the conveyor, which were at the same height. I call him a "supervisor" because he looked about 20 years old and he tried the old "strong grip" handshake on me which I returned by nearly crushing his hand. He saw nothing wrong with gorilla-handling the luggage and mail boxes the guy was hurtling in like frisbees, and I let him know in no uncertain terms I wasn't cool with it.
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