Can I sue an airline for delayed or lost luggage under California law?

What the Law Says

California state law does not provide a private right of action for delayed, damaged, or lost airline baggage. Instead, federal law — specifically the Montreal Convention (for international flights) and the U.S. Department of Transportation’s implementing regulations (for domestic and international flights) — exclusively governs such claims. This is due to federal preemption under the Airline Deregulation Act of 1978.

The Airline Deregulation Act (ADA) prohibits states from enforcing laws 'related to a price, route, or service of an air carrier.' Courts have consistently held that baggage handling — including liability for loss, delay, or damage — is a 'service' covered by this preemption.

For international flights, the Montreal Convention (an international treaty ratified by the U.S.) sets uniform liability rules. It limits an airline’s liability for checked baggage to 1,288 Special Drawing Rights (SDRs), which equals approximately $3,800 USD as of 2024.

For domestic flights, the U.S. Department of Transportation enforces rules under 14 C.F.R. Part 254 and related guidance. Airlines must publish their baggage liability limits in their contracts of carriage, and those limits are enforceable — but only within federal frameworks.

Statutory Text

No State or political subdivision thereof… shall enact or enforce any law, regulation, or other provision having the force and effect of law relating to a price, route, or service of an air carrier.

— Airline Deregulation Act of 1978, 49 U.S.C. § 41713(b)(1)

Sources