9 hours Ago By Alexander Mitchell
In the wake of the crash of Delta Air Lines Flight 4819 at Toronto Pearson International Airport (YYZ), the carrier will now face its first major lawsuit, and more are certainly going to follow. The aircraft involved in the incident was a Mitsubishi CRJ-900 operated by Delta Air Lines subsidiary Endeavor Air and occurred as the result of the jet flipping over upon landing in harsh weather conditions and strong winds. Despite all 80 people on board the aircraft surviving , 21 passengers were hospitalized and many sustained serious injuries .
Get all the latest aviation news from Simple Flying! In the immediate aftermath of the incident, Delta Air Lines offered $30,000 to each passenger as a gesture of goodwill and understanding, an amount that would eventually total over $2.3 million if all passengers were to accept. Litigation immediately began, despite Delta's quick financial offer, which the carrier insisted came with no strings attached.
The first lawsuit to be filed was done so by DJC Law in Atlanta federal courts, where Delta Air Lines as a company is headquartered . The plaintiff is a passenger from Texas, who is represented by attorney Andres Pereira, who claims in the filing to have sustained serious injuries, including neck, head, and back trauma while attempting to unbuckle himself and falling from his seat while the aircraft was upside down, according to Forbes . The jet, according to the filing, was hanging upside down while jet fuel leaked onto him, something which caused both extensive physical injuries and lingering emotional distress.
A deeper look at the specifics of this lawsuit This lawsuit alleges negligence on the part of Delta Air Lines through its subsidiary, and it suggests that improper protocols undertaken by the flight crew contributed to the accident. This stands in sharp contrast to the words of Delta's CEO Ed Bastian, who previously praised the crew's performance and argued that they acted heroically. At the end of the day, legal experts will need to carefully analyze what caused the incident to determine exactly whether Delta was a negligent party .
The legal framework for lawsuits being brought against airlines originates with the Montreal Convention of 1999, an international treaty that established under what circumstances an airline is liable when a passenger is injured or killed on an international flight. Under the Montreal Convention, passengers are eligible to claim compensation of up to $200,000 without proof that the airline was negligent, according to CNN . If a plaintiff can establish negligence on the part of the airline, the potential damages that can be awarded may be uncapped.
Aviation law firms, including Romanucci & Blandin, Kreindler & Kreindler, and Corboy & Demetrio have all been contracted or retained by different groups of passengers, something which suggests that additional lawsuits against Delta are likely on the horizon. Many legal experts have suggested that passengers, even those who were not physically injured as a result of the incident, will be eligible to seek compensation for psychological trauma and anxiety resulting from this harrowing experience. So what was the purpose of Delta's initial offer? Despite Delta Air Lines offering passengers $30,000, many legal experts believe that this will likely not deter legal action, especially for passengers suffering from longer-term injuries.
This offer's relatively quick rollout has been seen as a compassionate gesture (potentially one designed to mitigate negative publicity), especially as airlines may often face criticism in the wake of safety-related incidents. The fleet has an average age of 9.2 years.
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