What liability does a carrier have for lost or damaged baggage?

What the Law Says

California law imposes strict liability on common carriers for baggage they accept for transport, meaning they are responsible for loss or damage unless they can prove one of several narrow legal defenses.

Under California Civil Code § 2169, a common carrier of passengers is 'bound to carry safely' not only the passengers but also their baggage. This duty applies to baggage entrusted to the carrier's care — whether checked, stored, or carried aboard.

Civil Code § 2174 states that 'a carrier of passengers is liable to the passenger for all injuries suffered while being transported, unless the injury was caused by an act of God, an act of a public enemy, the fault of the passenger, or the inherent vice or nature of the thing carried.' This same principle extends to baggage under case law interpreting these sections.

Importantly, the carrier must be given written notice of a claim for damaged or lost baggage within 180 days after delivery (or expected delivery) to preserve rights under many carrier contracts and regulatory frameworks — though this deadline is contractual or regulatory, not statutory in the Civil Code itself.

A lawsuit for baggage loss or damage must be filed within two years under California’s general personal injury and property damage statute of limitations (Code of Civil Procedure § 335.1), which applies to claims against carriers for property loss.

Statutory Text

A carrier of passengers is bound to carry safely not only the passengers but also their baggage.

— Cal. Civ. Code § 2169 — Liability of carrier of passengers

Statutory Text

A carrier of passengers is liable to the passenger for all injuries suffered while being transported, unless the injury was caused by an act of God, an act of a public enemy, the fault of the passenger, or the inherent vice or nature of the thing carried.

— Cal. Civ. Code § 2174 — Exceptions to liability

What to Do

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