Delta Air Lines Sued

Image credits: Arlyn McAdorey/Reuters

A lawsuit has been filed against Delta Air Lines and its subsidiary Endeavor Air by two passengers who were on board the plane that crash-landed at Toronto Pearson International Airport on Monday. The passengers, Hannah Krebs and Marthinus Lourens, allege that the airline and its subsidiary were negligent and reckless, and are seeking damages for their injuries and emotional distress. Krebs claims she was "violently thrown about the cabin" and suffered "extreme" injuries, while Lourens alleges he was drenched with jet fuel as the plane rolled upside down and suffered significant injuries and emotional distress.

The lawsuits, which were filed separately in U.S. District Court in Georgia and Minnesota, allege that the flight crew failed to observe fundamental procedures for a landing approach and failed to communicate and react in the cockpit to flight conditions. The suits also claim that the crew was not adequately trained and that both Delta and Endeavor failed to comply with cockpit resource management protocols. Under the Montreal Convention, which establishes an air carrier's liability for carriage of travelers, the passengers are seeking damages, with Lourens' lawsuit alleging that the defendants are liable for provable damages of up to roughly US$200,000, along with additional damages due to alleged negligence.

The crash landing, which occurred on Monday afternoon, injured 21 passengers and caused significant damage to the plane. The Transportation Safety Board of Canada is investigating the incident, and Delta Air Lines has offered $30,000 to each passenger on board the flight as a "no strings attached" gesture. The airline has declined to comment on the pending litigation. The passengers' lawyers say that the crash was a preventable accident that never should have occurred, and that they will seek to hold Delta and Endeavor Air accountable for their actions. The case highlights the importance of airline safety and the need for airlines to follow established protocols to ensure passenger safety.

The lawsuits are not the only legal action being taken against Delta Air Lines. A Canadian husband and wife who were on board the flight have retained legal representation and are considering a class action lawsuit. The couple sustained "bruising and soft tissue injuries" from the accident, and their lawyer says that they may recommend proceeding with a class action that would encompass all passengers who fall within their jurisdiction, unless they opt out of the class. The lawyer also hinted that they have been in contact with other U.S. firms who are hearing from American-based passengers on board the flight.

The incident has also raised questions about the liability of airlines in the event of an accident. Under the Montreal Convention, passengers are not able to claim psychological injury alone, but must attach it to a physical injury, even if it is minor. However, passengers may be able to claim up to US$200,000 in damages without having to prove the airline's liability. The case is ongoing, and it is likely that there will be further developments in the coming weeks and months. The investigation by the Transportation Safety Board of Canada is expected to provide more information about the cause of the crash and any potential safety issues that may have contributed to it.