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Published byBenedict Benjamin Craig Modified over 9 years ago
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Airlines May Limit Liability by Contract By: Nick Melendez & Johanna Redick
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Hanson left a $750,000 robotic head used for movies on a plane. The airline lost it and Hanson sued the airline for damages.
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Liability- the state of being responsible for something, esp. by law. Limitation- a limiting rule or circumstance; a restriction. Recovery- a return to a normal state of health, mind, or strength. Airlines- an organization providing a regular public service of air transportation on one or more routes.
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Summary judgment granted. Airlines can limit their liability for lost or damaged goods if the contract that limits the liability offers the shipper notice of the limited liability and a fair opportunity to buy more liability. Hanson was notified of the limited liability as a standard condition of flying. He also had the opportunity to buy insurance for the head, but chose not to buy it. Since the limited liability clause in the contract is valid, his suit for conversion and negligence isn’t allowed.
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Hanson v. American West Airlines, ---F.Supp.2d-- - (2008 WL 926297, C.D., Calif., 2008)
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