Who Is Responsible for Theft of a Carry-On Bag?

Interesting Question of the Day:  Is an airline responsible if someone steals your carryon from the overhead bin?  Recently on the Delta Reddit page, a passenger had her carry-on taken by another passenger.  It seems that this other passenger took her bag by accident and he left his bag instead.  In the end, they will swap their own bags.  But it does raise an interesting question on who is responsible and what can you do?

Delta’s Stated Policy

Delta’s baggage liability policy for unchecked items (carry-ons) is that they “do not assume liability for unchecked items unless they are given to Delta personnel for storage during the flight or otherwise delivered into their custody for travel.” This means that unless you specifically handed the bag to a flight attendant for storage in an approved location, they may not be held responsible for its loss.

General Airline Responsibility

According to the U.S. Department of Transportation (DOT), airlines are required to compensate for lost, delayed, or damaged baggage, but this typically applies to checked baggage. For items carried onto the plane by the passenger, the responsibility often falls on the passenger to ensure the security of their own belongings.

Airline Responsibility

As a result, it does not appear that airlines will be responsible for stolen carry-ons.  Advice is to put the bag over your seat so you can keep an eye on it.  Also, add luggage tags or some identifiable tags so people will not make a mistake in taking your bag by accident.

Other Potential Avenues for Compensation

While airlines’ direct liability may be limited, you still have a few options:

File a Report Immediately: As soon as you realize the item is missing, you should report it to an airline representative at the airport. They can help you file a lost item report and provide you with a file reference number.

Check with Lost and Found: The item may have been mistakenly taken by another passenger. By filing a report, you give the airline the opportunity to contact other passengers from the flight to see if they have the wrong bag.

Travel Insurance or Credit Card Benefits: Many travel insurance policies and credit cards offer coverage for lost or stolen baggage, including carry-ons. You should check the details of your policy, as some credit cards may offer reimbursement up to a certain amount. A post on Reddit’s r/delta forum, for example, mentioned that a Delta Amex Reserve card covered a similar situation with reimbursement up to $1,250.  This is your best bet to recover any compensation.

Report to Law Enforcement: If you believe a theft has occurred, you should also file a police report at the airport. This can be helpful for insurance claims.

Summary:  It is unlikely that an airline will be held responsible for the theft of your carry-on.  But is very import to report this loss to them immediately.  The key is to have the incident report from the airline for any claims that you may make with your travel insurance or credit card provider.  This report will facilitate the filing of any claim with them.