Are Airlines Responsible For Damage To Luggage? | Rights, Proof, Payouts

Yes. When a bag is damaged while under airline control, the carrier must repair or reimburse within legal limits, except for normal wear and tear.

You hand over a sturdy suitcase and it rolls back with a cracked shell or a bent wheel. Now what? This guide spells out when airlines must pay, what counts as wear and tear, how fast to file, and how to build a claim that gets results.

Airlines Responsible For Damage To Luggage: When They Pay

Airlines are on the hook when checked baggage is harmed while the bag sits in their custody. That duty covers the case and what sits inside, up to the limits set by law or treaty. Carriers can ask for proof and may apply depreciation, but they cannot dodge the core duty once damage happens on their watch.

There are two main rulebooks. For trips within one country, national rules and the airline’s contract set the cap. For cross‑border trips, a treaty called the Montreal Convention sets a global cap and firm timelines for written complaints. A few older treaties still appear in niche cases, yet the Montreal rules cover the vast bulk of international itineraries today.

Liability Rules At A Glance

Itinerary / Rule SetMax PayoutWritten Claim Deadline
U.S. domestic flights (DOT Part 254)$4,700 per passenger capSet by each airline; file immediately
International trips under the Montreal Convention1,519 SDR per passengerDamaged bag: within 7 days of receiving the bag; Delayed bag: within 21 days of delivery
EU/UK flights (Reg. 2027/97 as amended; uses Montreal)Same 1,519 SDR capSame 7‑day and 21‑day windows
U.S. domestic — wheelchairs and other assistive devicesOriginal purchase price (no DOT cap)Report right away at the airport and in writing

SDR stands for “Special Drawing Rights,” a currency basket set by the IMF. Airlines may choose to pay more than the cap, but they do not have to. On some routes you can raise the cap by making a special declaration of interest and paying a fee before check‑in.

What Counts As Damage Versus Wear And Tear

Scratches, scuffs, and minor rubs come with conveyor belts and crowded holds. Airlines call that wear and tear and do not pay for it. The same goes for pre‑existing flaws or damage from overpacked bags.

Breaks to wheels, handles, locks, zips, or straps sit in a different bucket. Carriers cannot blanket‑exclude those parts. If a wheel snaps or a handle is ripped out while the bag is in airline hands, you can claim repair or payout up to the limit that applies to your trip.

How To File A Damaged Baggage Claim That Sticks

Step‑By‑Step At The Airport

  1. Inspect your bag at the carousel. Spot a crack, torn seam, or missing parts? Do not leave.
  2. Go straight to the airline desk and open a Property Irregularity Report (PIR). Ask for a copy or photo.
  3. Take clear photos of the bag from all sides and close‑ups of the damage. Add pictures of the tag and the carousel area.
  4. Get the agent’s name and the claim reference. Ask about repair stations or pickup options the airline uses.

What To Send In Writing

Follow up by email or web form the same day. Attach the PIR, boarding pass, bag tag, photos, and a short list of any harmed contents. Keep receipts for urgent buys while away from home. For international trips, send the written notice within the treaty window even if the airline auto‑confirms your web claim.

Proof And Valuation

Use receipts or card statements where you can. No slips? Provide links or screenshots that show model and price. Expect depreciation on used items. Some carriers offer repair or a replacement bag; you can ask for a check instead when repair makes no sense.

Are Airlines Responsible For Damaged Luggage On International Trips?

Yes, when the Montreal Convention applies. The treaty caps baggage claims at 1,519 SDR per passenger and pins down strict reporting windows. You must send a written complaint for a damaged bag within seven days of receiving it. For a delayed bag, the written complaint window is twenty‑one days from delivery. Courts also set a hard two‑year clock to start any lawsuit under the treaty.

Raising The Cap With A Value Declaration

Flying with gear that blows past the cap? Many carriers let you declare higher value before check‑in for a fee. Ask in advance, as rules vary and some items may face limits or refusal. Travel insurance can fill gaps as well.

Domestic Trips In The United States

For trips within the United States, DOT rules let airlines cap baggage payouts. The current ceiling is $4,700 per passenger. Airlines may not set blanket per‑day limits for interim buys when a bag is delayed. Keep receipts and send them with your claim. Contracts often list short internal deadlines, so send that first notice right away even if the airline prints a longer window.

One big carve‑out: assistive devices. On U.S. domestic flights, airlines must cover the original purchase price when a wheelchair, scooter, or other assistive device gets lost or damaged. That duty stands apart from the standard cap.

What Airlines Often Exclude

Most contracts list items that travel at your own risk. Think cash, jewelry, art, antiques, fragile glassware, and high‑end electronics. On pure domestic trips, carriers may rely on those lists to deny parts of a claim. On international trips covered by Montreal, those lists do not block a claim if the airline accepted the bag. Still, proof and depreciation rules apply, and high‑value items may fit better in carry‑on with you.

When The Airline Pushes Back

If the airline labels the break as wear and tear, point to the part that failed. A torn‑out handle or snapped wheel is not a scuff. Share photos that show a clean break and note that the bag had no such flaw at check‑in. If the bag is beyond repair, ask for payout based on age and model and include proof of price.

Claims can stall. Keep contact logs and escalate through the airline’s baggage team and then its consumer office. For trips touching the United States, you can file a complaint with the DOT’s Aviation Consumer Protection office. In the UK, unresolved cases may go to the airline’s ADR body. Courts are a last step and must meet the two‑year clock for Montreal cases.

Damage Outcomes, In Plain Terms

ScenarioAirline Position You’ll HearYour Move
Cracked hard‑shell case“Surface marks only.”Show wide shots and close‑ups that reveal a split seam or hole. Ask for repair or payout.
Snapped wheel or ripped handle“Wear and tear.”Point out part failure. Note carriers cannot blanket‑exclude wheels, handles, straps, or zips.
Broken lock or zipper“Bag was overstuffed.”Share photos at check‑in and arrival if you have them. Ask for repair or fair value.
Ruined contents after rain“Packed poorly.”If the bag arrived soaked, claim for contents up to the cap with receipts and photos.
High‑end camera in checked bag“Excluded item.”On domestic trips, expect denial. On Montreal trips, press the claim if the bag was accepted.
Delayed bag buys“Fixed daily allowance.”Send actual receipts. Daily caps are not allowed on U.S. trips; reimbursement must match real costs.

Tips That Raise Your Odds

Before You Fly

  • Shoot a quick video at home showing the bag in good shape, inside and out.
  • Tag the bag inside and outside with your name, email, and phone.
  • Pack fragile and high‑value items in carry‑on. Use a small toolkit to remove loose straps that can catch on belts.
  • Ask the airline about a value declaration if you must check pricey gear.

At The Airport

  • Photograph the bag at drop‑off and at pickup. A few seconds now can win a claim later.
  • Open a PIR before leaving the arrivals hall. Written proof matters.
  • Keep damaged bags and parts until the case is closed.

Compensation For The Case And The Contents

Airlines tend to split the claim into two piles: the suitcase and what sat inside. Many carriers work with repair shops or ship a replacement case. If repair makes your bag weaker or unsafe, push for payout instead. For contents, expect questions on proof of purchase, brand, and age. A simple table or list in your email helps the reviewer price items fast.

Multiple Carriers And Codeshares

Trips with more than one airline can blur lines. File with the carrier that handled the final leg that reached your destination. That carrier usually leads the search and settlement, even if another partner caused the harm. Share the full record locator and all bag tags so the team can trace the path through each hub.

Keep copies of every message. When partners trade blame, your timeline shows custody and helps the right team pick up the case. If a partner refuses a fair result, you can take the claim to the marketing carrier’s customer team and ask for help using the same reference number.

Gate‑Checked And Cabin Bags

When staff take a stroller at the door or ask you to gate‑check a roller, the airline still holds responsibility while it sits in their care. Inspect the item on return at the jet bridge or carousel and open a report on the spot if you see damage. For cabin bags harmed by falling bins or crew handling, raise the claim in writing with photos and witness details. Bin damage cases can be harder to prove, so thorough photos and names of crew who saw the event can sway the review.

Deadlines, Jurisdiction, And The Two‑Year Clock

Treat the seven‑day and twenty‑one‑day windows as hard cutoffs on international trips. Miss them and the airline can reject your claim on process grounds alone. A separate two‑year clock governs lawsuits under the Montreal Convention. The clock runs from the date the flight should have landed or did land. Courts pick the venue using treaty rules tied to your home, the airline’s home, or the ticket’s endpoints.

Repair Or Replace: How Payouts Are Priced

Airlines like repair because it is quick and predictable. When repair would leave weak seams or a wobble, replacement makes more sense. For soft bags, torn fabric rarely returns to full strength. For hard shells, a patched crack can spread under load. Tell the airline how you use the bag and why a fix is not safe. Share the model number and a link to a current price for the same or a comparable bag. That cuts back‑and‑forth and speeds a fair check.

For contents, reviewers price based on age and condition. Pack a short list with brand, model, date bought, and claimed amount beside each line. Round large claims with photos of the item in the bag before the trip if you have them. A simple list shows care and earns trust.

Myths That Cost Travelers Money

  • “No PIR, no claim.” A PIR helps and you should file one. If you missed it, you can still send the written notice within the deadline with photos and a clear story.
  • “Daily allowance is fixed.” On U.S. trips, airlines must pay reasonable, proven costs while a bag is delayed. Flat daily caps are not allowed.
  • “Receipts or nothing.” Proof helps, yet reviewers can price items with photos, bank records, or product links. Send what you have.
  • “Excluded lists kill every claim.” Those lists carry weight on domestic trips. Under Montreal, they do not wipe out a claim if the airline accepted the bag.
  • “Vouchers only.” Cash or card refund is standard for expenses and damage. You can say no to a travel voucher and ask for money instead.

Key Points

  • Damage under airline control triggers payment or repair up to the legal cap for your trip.
  • Wear and tear covers scuffs and minor marks. It does not cover a broken wheel, handle, or torn‑out strap.
  • International trips bring strict seven‑day and twenty‑one‑day written windows. Miss those and the claim can fail.
  • U.S. domestic trips use a $4,700 cap today, with a separate rule that fully protects assistive devices.
  • Declare higher value in advance if needed, or use travel insurance to bridge the gap.

Links you can use: the DOT baggage guide, the EU’s written claim windows, and the UK CAA baggage advice.