Passenger is cleared to sue for bag fees after luggage arrived late

Airline passengers won a victory this week when a U.S. appeals court agreed that a carrier can be held responsible for reimbursing bag fees to a passenger whose luggage arrived late.

The 9th Circuit Court of Appeals reversed a lower court’s dismissal of the case by Hayley Hickcox-Huffman, who sued US Airways in 2010 over a $15 bag fee she paid on a flight from Colorado to California. US Airways has since merged with American Airlines.

Her bag was delayed by a day, and Hickcox-Huffman filed a suit, arguing that the carrier failed in its promise to deliver her bag in a “timely manner.” The airline argued against refunding the fee for several reasons, including that the carrier does not spell out in its ticket contract a remedy for the delay of delivering the luggage.

Hickcox-Huffman filed the suit as a class-action claim, which would allow other US Airways passengers whose bags were delayed or lost to collect their fees. But a lower court has yet to certify the class-action status of the suit.

The decision by the 9th Circuit clears the way for Hickcox-Huffman to continue her pursuit of the lawsuit.

A spokesman for American Airlines said it is reviewing the court decision and considering the carrier’s options.

An attorney for Hickcox-Huffman said the decision by the 9th Circuit represents a victor for travelers.

“This case was filed right when airlines began to shove those baggage fees down everyone’s throats,” attorney Justin Karczag said. “This case represents the consumer fighting back.”

hugo.martin@latimes.com

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