Passengers from Overturned Delta Flight File Lawsuits Alleging Negligence
Two passengers who were aboard Delta Connection Flight 4819, which overturned while landing at Toronto Pearson International Airport, have filed lawsuits in US federal courts, alleging negligence by the airline and seeking damages, the Washington Post reports.
On February 17, Delta Flight 4819, operated by Endeavor Air, was attempting to land in Toronto after departing from Minneapolis-St. Paul International Airport. Upon landing, the Bombardier CRJ-900 skidded on the snow-covered tarmac, overturned, and caught fire.
All 80 people on board, including 76 passengers and four crew members, survived the crash. However, 21 people were taken to hospitals, with at least three in critical condition. Many, including plaintiff Marthinus Lourens, suffered injuries.
Lourens, who was seated in the first row of the aircraft, described the terrifying moments as the plane crashed, leaving him hanging upside down from his seatbelt before releasing himself and falling onto the ceiling of the cabin. According to his lawsuit, he was covered in jet fuel and saw flames outside the window, fearing for his life.
He has filed a lawsuit in Georgia federal court, seeking more than $200,000 in damages under the Montreal Convention, an international treaty governing compensation for airline passengers injured during flights.
A second passenger, Hannah Krebs, has also filed a lawsuit against Delta and Endeavor Air in Minnesota federal court.
Following the crash, Delta offered each passenger $30,000, stating that the payout would come with “no strings attached”, meaning it would not affect their ability to pursue legal action. Lourens has chosen to accept this offer while continuing his lawsuit.
Delta’s CEO, Ed Bastian, defended the flight crew’s actions, calling them “heroic” and emphasizing that the pilots were well-trained and experienced.
The cause of the crash remains under investigation by the Transportation Safety Board of Canada, the Federal Aviation Administration (FAA), and the National Transportation Safety Board (NTSB). The results of this investigation could impact the lawsuits and determine whether further legal action follows.
Attorney Andres Pereira, representing Lourens, suggested that additional lawsuits could be filed by other passengers in the coming weeks. He emphasized that the legal action aims to improve airline safety and prevent similar incidents in the future.
