Suitcase with groceries swapped?

Flying back from vacation today (home vacation for us) and we took a lot of food with us that we can't get on our island.
Since I was the last one at the belt due to traveling alone with three children, and only one black bag was still circulating, we took it. But as soon as we touched the handle, we realized it wasn't our bag, even though it otherwise looked exactly the same.
Now, the bag contained a fair amount of food that needed to be refrigerated and couldn't go any longer without refrigeration. Definitely not another 8-9 hours.

Who is liable for the damages I suffered as a result? Lost and Found has everything listed. They wanted to find the gentleman's phone number, but that wasn't possible because the airline office was no longer staffed, and they only had a name but no further details.
So now we hope that we get our suitcase back, also because of the other things (Harry Potter merchandise, everything the children bought with their long-saved pocket money and so on).

We left his suitcase with Lost and Found. They said he wouldn't get his back until he brought mine to me. (Groceries were still there.) Who's responsible for this? He? The airline?
If it's completely gone, the airline will pay for it, I know that. But what about my lost, spoiled food?

Money, gifts, medication, and things of personal value. It's just sad. The children cried for almost two hours; their books, Tonies, Harry Potter clothes, everything, were gone. We wanted to make a great breakfast with the family tomorrow with food that we simply can't get here. The mood after the holiday is well below freezing.

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berlina76
2 years ago

It’s bad luck. I don’t think anyone can really be blamed here.

At some airports you have to prove that you have taken the right baggage on the basis of the baggage marks at the departure of the airport, but these are taken out.

So you really don’t have to wait.

DietmarBakel
2 years ago

Read this carefully.

Suitcase delay – Suitcase loss – Compensation

https://www.fairplane.de/montrealer-uebereinkommen/

DietmarBakel
2 years ago
Reply to  GroupieNo1

What do I learn from this:

… when the last one was on the band and only a black pocket was circled we have taken it. But we noticed that this is not our pocket, even though it looks exactly the same.

Was that a mistake? You should have let her just circle and report your own bag as a loss. Would that have changed?

With luck, you’ll get your bag back and the food you’ll knock into the ton. That’s what it looks like.

In my opinion, perishable goods are not the risk of the airline either. But you don’t expect that.

DietmarBakel
2 years ago

I understand what you mean.

But if (by mistake of the airline) your bag / suitcase accidentally flies to Beijing and then finds you home days later. Then they’re not liable for perishable.

I’m not a lawyer, but I think it’s your risk.

Interesting would be the question whether the liability insurance of the alleged heeder would jump into the crush? I don’t think so.

(According to him, he didn’t do it with purpose.)