nowork114 Posted March 16, 2010 Share Posted March 16, 2010 Hi guys, I posted this in Bangkok forum because I'm looking for an International Lawyer to sue Airlines over lost baggage and consequential damages. The lawyer should be based in Bangkok and has experience with international law and regulations about airlines and damage claims. Please PM me and I will send you more details. Thank you Link to comment Share on other sites More sharing options...
peter2076 Posted March 16, 2010 Share Posted March 16, 2010 It is very, very, very difficult to sue in Thailand. You must pay the lawyer up front and they don't get a percentage of your settlement. It is very eay to appeal and keep things hung up in the courts for decades. You are much better off cutting your losses. If you were dumb enough to have over $10,000 in propert in your luggage then I'd say you learned your lesson. If your valuables were $5000 or less, cut your losses and mov eon because you will end up paying your lawyer twice that to just get things moving. Don't be a fool. Link to comment Share on other sites More sharing options...
connel707 Posted March 16, 2010 Share Posted March 16, 2010 It is very, very, very difficult to sue in Thailand. You must pay the lawyer up front and they don't get a percentage of your settlement. It is very eay to appeal and keep things hung up in the courts for decades. You are much better off cutting your losses. If you were dumb enough to have over $10,000 in propert in your luggage then I'd say you learned your lesson. If your valuables were $5000 or less, cut your losses and mov eon because you will end up paying your lawyer twice that to just get things moving. Don't be a fool. Yes...Peter is 100% right... Link to comment Share on other sites More sharing options...
mogoso Posted March 16, 2010 Share Posted March 16, 2010 If would insist on traveling this difficult route to receive compensation, try White and Case. Don't know how many offices they have but they do have a Bangkok office as well as London, Washington, Miami and Los Angeles. Believe the advice given above replies is quite sound. Link to comment Share on other sites More sharing options...
Jdietz Posted March 16, 2010 Share Posted March 16, 2010 (edited) ... Edited March 16, 2010 by Jdietz Link to comment Share on other sites More sharing options...
nowork114 Posted March 16, 2010 Author Share Posted March 16, 2010 It is very, very, very difficult to sue in Thailand. You must pay the lawyer up front and they don't get a percentage of your settlement. It is very eay to appeal and keep things hung up in the courts for decades. You are much better off cutting your losses. If you were dumb enough to have over $10,000 in propert in your luggage then I'd say you learned your lesson. If your valuables were $5000 or less, cut your losses and mov eon because you will end up paying your lawyer twice that to just get things moving. Don't be a fool. Yes...Peter is 100% right... The problem is regarding a group of businessman traveling first class on Emirates - because of lost baggage they missed some important meetings etc. the case is not get rich on this case - I understand even if they win it will barely cover the lawyer expenses but this is more personal to show that the airlines just cant say "we don't give a ...... about that" Link to comment Share on other sites More sharing options...
britmaveric Posted March 16, 2010 Share Posted March 16, 2010 good luck - by law airlines give you compensation for lost luggage if indeed it can't be found. Also small stipend for clothes. Other than that the airline does not owe you anything. If business is that important I would suggest those that travel bring what they need in a carry-on just in case. Link to comment Share on other sites More sharing options...
nowork114 Posted March 16, 2010 Author Share Posted March 16, 2010 good luck - by law airlines give you compensation for lost luggage if indeed it can't be found. Also small stipend for clothes. Other than that the airline does not owe you anything. If business is that important I would suggest those that travel bring what they need in a carry-on just in case. There are more than just lost luggage - I don't want to discuss all details on the internet, just looking for an experience awyer who will be willing take up the case - so far no reply Link to comment Share on other sites More sharing options...
Raptor7 Posted March 16, 2010 Share Posted March 16, 2010 If would insist on traveling this difficult route to receive compensation, try White and Case. Don't know how many offices they have but they do have a Bangkok office as well as London, Washington, Miami and Los Angeles. Believe the advice given above replies is quite sound. White & Case is long gone from Bangkok.....when they were here they would not take these kinds of cases....the fees would be many more times than the claim amount.... Link to comment Share on other sites More sharing options...
petebkk Posted March 16, 2010 Share Posted March 16, 2010 How about Bakers & McKenzie? They have an office up in Abdulrahim Building on Rama 4, just opposite Lumpini Park. They're an all-around law firm. Link to comment Share on other sites More sharing options...
taxout Posted March 17, 2010 Share Posted March 17, 2010 " . . . because of lost baggage they missed some important meetings etc." Since Hadley v Baxendale (1854) 9 Exch 341 it's been settled in common law jurisdictions that you're not going to get those consequential damages since the carrier wasn't aware they'd arise if the luggage was lost. This is in addition to whatever exculpatory language exists in the carrier's tariffs. http://en.wikipedia.org/wiki/Hadley_v_Baxendale Link to comment Share on other sites More sharing options...
hhgz Posted March 21, 2010 Share Posted March 21, 2010 "Since Hadley v Baxendale (1854) 9 Exch 341 it's been settled in common law jurisdictions that you're not going to get those consequential damages..." Too, was the lost luggage endowed with the knowledge, wisdom, and experience of the businessmen? A businessman worth his salt would get on with business. Since many travelers have had a piece of luggage misplaced, a great way to kick off a meeting would be a humorous story about the missing clothing. Link to comment Share on other sites More sharing options...
zaphodbeeblebrox Posted March 21, 2010 Share Posted March 21, 2010 (edited) Damages payable for lost luggage on an international flight are capped by treaty (the Montreal Convention) at USD $1,500. There is one exception: a federal court in the U.S. is allowing a class action to go forward against BA, who have lost more than 1 million pieces of luggage. I am an international lawyer, and would not touch the case. Edited March 21, 2010 by zaphodbeeblebrox Link to comment Share on other sites More sharing options...
kuffki Posted March 23, 2010 Share Posted March 23, 2010 Damages payable for lost luggage on an international flight are capped by treaty (the Montreal Convention) at USD $1,500. There is one exception: a federal court in the U.S. is allowing a class action to go forward against BA, who have lost more than 1 million pieces of luggage. I am an international lawyer, and would not touch the case. Are you working in Thailand? I might have a case that you would be interested in Link to comment Share on other sites More sharing options...
geriatrickid Posted March 23, 2010 Share Posted March 23, 2010 The problem is regarding a group of businessman traveling first class on Emirates - because of lost baggage they missed some important meetings etc. the case is not get rich on this case - I understand even if they win it will barely cover the lawyer expenses but this is more personal to show that the airlines just cant say "we don't give a ...... about that" As per the previous comment. liquidated damages cannot be recovered in this type of situation. You might have a case if you can demonstrate intentional negligence where there was a knowledge of the results. However, I am unaware of anyone winning such a case against an airline since the aforementioned will be next to impossible to demonstrate. The biggest hurdle one has when trying to claim lost "potential" income, is to show that the meetings would have concluded with a successful outcome and that monies claimed would have flowed immediately as a direct result of those meetings. If you can show this would have happened, then you will be the first to do so. Emirates? Where do you propose to bring suit? In the UAE, or Thailand? Good luck on that. The case will be tossed. If it is being brought in the EU, you can wait for years as the case is delayed. You better have a load of cash to pay the legal retainers. You are throwing money away on this case, particularly since you will be unable to show a direct link between the delayed meeting and the loss of a business income. Link to comment Share on other sites More sharing options...
mrtoad Posted March 23, 2010 Share Posted March 23, 2010 Damages payable for lost luggage on an international flight are capped by treaty (the Montreal Convention) at USD $1,500. There is one exception: a federal court in the U.S. is allowing a class action to go forward against BA, who have lost more than 1 million pieces of luggage. I am an international lawyer, and would not touch the case. Are you working in Thailand? I might have a case that you would be interested in Not the parking ticket? Link to comment Share on other sites More sharing options...
kuffki Posted March 23, 2010 Share Posted March 23, 2010 Damages payable for lost luggage on an international flight are capped by treaty (the Montreal Convention) at USD $1,500. There is one exception: a federal court in the U.S. is allowing a class action to go forward against BA, who have lost more than 1 million pieces of luggage. I am an international lawyer, and would not touch the case. Are you working in Thailand? I might have a case that you would be interested in Not the parking ticket? Yes i need an international lawyer for parking ticket! :Brain_Fart: Link to comment Share on other sites More sharing options...
mrtoad Posted March 24, 2010 Share Posted March 24, 2010 Damages payable for lost luggage on an international flight are capped by treaty (the Montreal Convention) at USD $1,500. There is one exception: a federal court in the U.S. is allowing a class action to go forward against BA, who have lost more than 1 million pieces of luggage. I am an international lawyer, and would not touch the case. Are you working in Thailand? I might have a case that you would be interested in Not the parking ticket? Yes i need an international lawyer for parking ticket! :Brain_Fart: How about a humour transplant? Link to comment Share on other sites More sharing options...
MrMondayNight Posted March 24, 2010 Share Posted March 24, 2010 Hahaha. Good luck Link to comment Share on other sites More sharing options...
stinkyfarang Posted March 24, 2010 Share Posted March 24, 2010 i am an international lawyer too. i once went to the gherkin building in london for a business meeting. i can provide advice about hadley v baxendale if required Link to comment Share on other sites More sharing options...
Scott Posted March 24, 2010 Share Posted March 24, 2010 Since it is an international airline, I believe you can file the court in a number of different countries. I don't think you are limited to the UAE or Thailand. Not sure, but it's a thought. Link to comment Share on other sites More sharing options...
bkkjames Posted March 25, 2010 Share Posted March 25, 2010 Since it is an international airline, I believe you can file the court in a number of different countries. I don't think you are limited to the UAE or Thailand. Not sure, but it's a thought. This is not the USA we are talking about. Good luck suing EK in Dubai. Link to comment Share on other sites More sharing options...
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