Delta Air Lines has been sued numerous times since one crash landing at Toronto Pearson International Airport recently, despite the airline having provided $30,000 compensation to every passenger. The incident on February 17 was one of a Bombardier CRJ-900LR flight operated by Delta subsidiary Endeavor Air. The aircraft rolled over during landing, resulting in injuries and severe emotional trauma to passengers.
One of the suits was brought by Marthinus Lourens, a Texas man who claims he suffered serious physical injuries and emotional distress in the crash. Lourens was “suspended upside down” and “soaked with jet fuel” as he was trapped in the overturned fuselage, the complaint states. He is claiming damages for head, neck, back, knee, and facial injuries, as well as for the psychological effects of the experience.
A Minneapolis woman has filed another lawsuit against the airline, alleging that she suffered from “extreme bodily and mental injuries.” Her suit charges the flight crew with neglecting basic landing procedures, which she implies is a sign of negligence on the part of the airline.
In the aftermath of the tragedy, Delta pledged $30,000 to all 76 of the flight passengers, declaring the donation “something for nothing, no strings attached” and leaving the rights of the passengers undiminished with respect to continuing litigation. This was not received positively by numerous of the affected passengers, many of whom preferred seeking damages at the hands of a judge instead.
Under the Montreal Convention, an international agreement that regulates airline liability, injured passengers on international flights are entitled to claim up to about $200,000 in damages. In cases of negligence, the amount may be more. The convention gives passengers two years to bring such suits.
After the crash, 21 passengers were taken in for hospitalization, but all have already been released. Delta CEO Ed Bastian confirmed that the airline had pledged support to the injured passengers and made it clear that the $30,000 offer was the first show of goodwill.
In the midst of speculation over the credentials of the flight crew, Delta issued a statement confirming that both pilots were FAA-certified. The captain has a wealth of experience in pilot training and flight safety, while the first officer, who was recruited by Endeavor Air in January 2024, is the highest-level certified pilot in the U.S.
The National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) are working together with Canadian officials to determine the cause of the crash. The plane was lifted off the runway several days following the accident, but the actual cause is still under investigation.
As litigation ensues, Delta is under growing pressure over its business practices and the size of its settlement offers. The case highlights the challenges airlines face in responding to passenger complaints after traumatic events and the legal recourse open to passengers under international air treaties.
