NEW YORK APPEALS COURT UPHOLDS LIABILITY LIMIT OF AIR WAYBILL AFTER INJURY TO EXOTIC CAT
August 6, 2018
The Plaintiff in Lentini v. Delta Air Lines, Inc. purchased an exotic cat from a breeder in Florida for $2,300, and hired Delta Air Lines (Delta) to transport the cat to LaGuardia Airport (LGA) where the Plaintiff would receive it. According to the Plaintiff, when she arrived at LGA to receive the cat, it was wet and suffered from a broken hip, which led to veterinary bills in excess of $7,000. Plaintiff brought an action against Delta for the cat’s injuries, which were allegedly suffered during transport.
Relying on the air waybill’s conditions of contract, Delta moved for summary judgment to limit its potential damages to $50. The trial court rejected Delta’s argument and refused to enforce the liability limit, finding that the limit was not enforceable because the cargo was not “an inanimate object” and thus should be treated differently from “ordinary bulk objects,” concluding that Delta had a “heightened duty of care.”
On appeal, the Supreme Court of the State of New York reversed the lower court’s decision and enforced the $50 limit, finding the limit was enforceable because reasonable notice of the limit had been provided via the air waybill, and the plaintiff was given a fair opportunity to purchase additional coverage. The trial court’s distinction between live animals and inanimate objects was not addressed.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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