Judge rules against Ryanair over damaged goods

A court has awarded the father of a teenage member of the Irish international surfing team compensation against Ryanair for damage…

A court has awarded the father of a teenage member of the Irish international surfing team compensation against Ryanair for damage in transit to two custom-built surfboards. Ray Managh reports.

Judge Elizabeth Dunne, criticised the airline for "its attitude from day one" to the claim of Mr Roy Kilfeather and directed that Ryanair also pay travel and hotel expenses related to two Dublin court appearances by Mr Kilfeather and his 16-year-old son, Stephen.

"For Ryanair to have sat on its rights that a property irregularity report should have been filled out before Stephen left Dublin Airport seems to me to be just daft," Judge Dunne said. "Apart from obvious damage to a suitcase, it is extremely unlikely that a passenger is going to open his or her luggage to check for damage to contents before leaving the airport," she said.

"If every passenger was required to check suitcases before leaving the baggage area the airport would be ground to a halt, and I dismiss that requirement with a grain of salt." Mr Peter Lennon, solicitor for Ryanair, told the court Mr Kilfeather, Seacrest View, Strandhill, Co Sligo, had been awarded €748 damages in the Small Claims Court. He said the damage to the surfboards had not been noticed until the Kilfeathers arrived at their Sligo home. Mr Lennon said the court was restricted under the Warsaw Convention governing compensation for damaged luggage to awarding €21 per kilo to a maximum of 15 kilos.

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Ryanair had not been represented in the Small Claims Court because the company had not been informed of the trial and had therefore appealed the €748 award to the Circuit Court.

Mr Kilfeather said he had bought the two custom-made surfboards for his son in South Africa for €748.

Awarding him €315 damages Judge Dunne also directed that Ryanair pay his travel and overnight stay expenses for him and his son due to their having to attend two court appearances in Dublin.