Thursday, March 12, 2009

U.S. Airways losses Xbox 360, lawsuit filed for $1 million

How much is your Xbox worth to you?

I've included the Amazon information on the Xbox to the right, showing that a new Xbox 360 Console (with two bonus games included) runs $299.99. Not to bad, and if you are looking at a used one you can pick one up (as of this posting) for $134.95.

I don't know anything about these systems, so I don't know how it compares to the one that Jesse Maiman states he lost in his checked luggage while on a flight from New Haven, CT to Cincinnati, OH. Maiman reported that he packed his Xbox 360 in his checked luggage and the game console went missing.

Maiman estimated the value of a reportedly specialized hard drive, and other components, within the Xbox at $1,000. Can you swap out stuff in them things? I thought they were sort of hardwired systems? Very kewl if you can... ::ducks out on writing to find out more::...

Kewlness! I checked PCWorld. Apparently you can swap out the hard drive in the Xbox 360 (I'm really starting to like that game console).

As for Maiman's Xbox 360, which he claims had $1,000 worth of upgraded hard drive and other components when it vanished from his checked baggage. Maiman is now filing a lawsuit against U.S. Airways for $1 million.

Wait... A game console that he admits is at the most valued at $1,700 and he is suing for $1 million? WTF? Maiman states that he should be awarded “non-economic distress”, which has a value of $25,000 to $1 million.

So that's where he got the $1 million figure - it's the most he could sue for under the “non-economic distress” lawsuit. But... what the heck is “non-economic distress”?

Based on what I am digging up you can roughly translate that to: "compensate injuries and losses that are not easily quantified by a dollar amount". ::shaking head:: So, missing playing Kung Fu Panda on a supped up Xbox 360 is worth a cool million? Excuse me while I go buy an Xbox360, use PCWorld's hack to swap the hard drive and book a flig-... oh, nevermind. They would get suspiscious, huh? Wonder if it would work with a Playstation 3?

:::still shaking head:::

Okay, back to seriousness on this. How the frell does a $1,700 Xbox end up being eligible for compensation of $1 million? That is $998,300 he is claiming in emotional distress. I know that people can get caught up in games to the addicted level, but... come on!

U.S. Airways apparently issued a statement, before knowing about the lawsuit, stating: "there are federal loss limits applicable to all airlines on their liability for lost luggage and belongings, which are currently set at $3,300 per bag."

I think maybe Maiman should have checked out the baggage information page on the U.S. Airways website, where it clearly states:

Baggage liability

US Airways' liability for loss, delay or damage to checked baggage is limited to $3,300 per ticketed passenger for travel entirely within the U.S.

They also state that, when they have exercised an ordinary standard of care, they are not responsible for damage or loss of ... list of items follows and in that list we find... (drumroll please)...
  • computer hardware/software & related items
  • currency
  • electronic components
  • Shoot, they even state they will not be responsible if "lifesaving medication" is lost, so why should they be liable for the loss, in checked baggage, of a game console? What did he have in his carry-on bag that he had to check the valuable Xbox?

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