Introduction
A lost suitcase is often treated as a routine customer-service problem. Legally, it can be much more significant.
Baggage represents property entrusted by a passenger to an airline. Once checked in, the passenger no longer has physical control over the item, while the carrier assumes responsibility for its handling within the applicable legal framework.
The Legal Relationship Does Not End With the Ticket
The passenger's ticket establishes the carriage relationship, but baggage creates an additional dimension of responsibility.
The carrier's liability may depend upon whether the baggage was checked or carried in the cabin, when the loss occurred and which legal regime governs the journey.
For international carriage, the Montreal Convention specifically addresses destruction, loss or damage to checked baggage while it is in the carrier's charge.
Why Documentation Matters
Passengers should preserve the baggage tag, boarding pass, photographs of the luggage, purchase receipts for valuable contents and the Property Irregularity Report or equivalent complaint record.
A passenger who simply reports “my bag is missing” may later face difficulty proving what was inside it or when the loss occurred.
Compensation Is Not the Only Issue
A baggage dispute can also involve consequential expenses, essential purchases, delayed delivery and questions concerning the airline's handling procedures.
The applicable legal regime determines what categories of loss can be recovered and whether liability is subject to monetary limits.
ICAO periodically revises the Montreal Convention's liability limits, with the latest scheduled adjustment taking effect on 28 December 2024.
Conclusion
Lost baggage claims are strongest when treated as evidence-based legal claims rather than customer-service complaints.
Passengers should document the loss immediately, while airlines should maintain transparent baggage-handling and claims procedures capable of demonstrating how the loss occurred and how the passenger was assisted.
