Does strict liability apply to unchecked baggage?
No – a carrier is still responsible for unchecked baggage, but you must prove that the airline is at fault as you have effectively retained control of this baggage by taking it on the aircraft with you. For example, a carrier is at fault if the luggage compartment breaks causing your hand luggage to fall and be damaged. However, if you fail to close the luggage compartment properly your will likely be responsible for the damage.
