Airline on the hook for spoiled seafood, smallclaims court says

A B.C. small-claims court says ultra-low-cost carrier Flair Airlines has to shell out nearly $800 to compen‐ sate a passenger for a bag full of fish products that went rotten during the five days his luggage was de‐ layed.

Brian Vu packed a suit‐ case full of crab meat, fish cakes, sea cucumbers and dandelion root in defiance of a plane ticket warning pas‐ sengers not to put perishable items in checked luggage.

But in a decision released this week, a member of B.C.'s Civil Resolution Tribunal said it wasn't the contents of the bag that mattered as much as the fact a Flair employee agreed to check the luggage in the first place.

"I agree with Mr. Vu," wrote Peter Mennie.

"The Canadian Trans‐ portation Agency has repeat‐ edly held that if an airline ac‐ cepts checked baggage then the airline assumes liability for the baggage even if the airline has not agreed to transport certain items."

Crab meat, fish cakes, sea cucumbers, dandelion root

According to the ruling, Vu flew from B.C. to Ontario in November 2022 - paying $72.45 to pack each of his two bags.

One showed up on the other end of his voyage, but the other went missing for five days.

"Mr. Vu packed crab meat, fish cakes, sea cucumbers and dandelion root in his checked bag," Mennie wrote.

"He says these items spoiled while the bag was de‐ layed. Mr. Vu estimates that he paid $250 for the crab meat, $120 for the fish cakes, $80 for the sea cucumbers, and $72 for the dandelion root."

The evidence in the case included a video which Vu claimed depicted the spoiled items in his bag - but Mennie said he wasn't able to open the file.

Regardless, there seemed to be no dispute that the pro‐ ducts were actually spoiled.

Flair argued that its con‐ tract with passengers specifi‐ cally prohibits perishable items in checked bags - warn‐ ing that the airline "is not li‐ able for any spoilage of per‐ ishable items."

"Flair says passengers must declare they are not carrying restricted items dur‐ ing the check-in process," Mennie wrote.

"Flair also provided a screenshot of its website which says that perishable items must not be included in checked bags."

But Vu argued that regula‐ tions upheld by the Canadian Transportation Agency and federal law entitled him to compensation for checked bags lost for less than 21 days.

Mennie agreed, finding that the law doesn't allow an airline to use a contract to get out of liability for bags frontline staff agree to put on an airplane - no matter how fishy the contents.

'They were odours'

Mennie's decision adds to a body of precedent built at the expense of ruined goods.

In 2005, a Quebec court refused to compensate a traveller for more than $4,381 after Continental Air‐ lines said it was forced to de‐ stroy suitcases containing raw meat and vegetables "because they were emitting odours and various liquids were leaking out."

But in that case the judge found the traveller had made his claim outside of a fourmonth window designed to make sure complaints are made as quickly as possible.

Other cases have involved shipments of polio vaccine that were ruined by flight de‐ lays and the failure of airlines to properly refrigerate them.

Flair has to pay Vu a total of $780.22 - including roughly $600 for baggage fees and spoiled items and the $150 it cost him to file the lawsuit. emitting