Delta Air Lines is now facing its first lawsuit following the crash of Flight 4819 at Toronto Pearson International Airport. The incident involved a Mitsubishi CRJ-900 operated by Endeavor Air, a subsidiary of Delta, and occurred when the aircraft flipped over upon landing in severe weather conditions. Although all 80 passengers survived, 21 were hospitalized with serious injuries.
Following the crash, Delta offered $30,000 to each passenger as a goodwill gesture. Despite this offer, litigation commenced swiftly. DJC Law filed the first lawsuit in Atlanta federal courts against Delta Air Lines, which is headquartered there.
The plaintiff, represented by attorney Andres Pereira, is a passenger from Texas who claims to have sustained significant injuries during the accident. The lawsuit accuses Delta of negligence through its subsidiary and suggests that improper protocols by the flight crew contributed to the accident. This claim contrasts with Delta CEO Ed Bastian’s praise for the crew’s actions during the incident.
Legal experts will need to determine if Delta was negligent. Under the Montreal Convention of 1999, passengers can claim up to $200,000 without proving airline negligence; however, if negligence is proven, damages could be unlimited.
Several aviation law firms have been retained by different groups of passengers suggesting more lawsuits may follow. Legal experts indicate that even passengers not physically injured might seek compensation for psychological trauma resulting from the experience.
Delta’s initial financial offer is seen as an attempt to mitigate negative publicity rather than deter legal action from those suffering long-term effects.
