One of the passengers aboard the Delta flight that crashed on February 17 while landing at Toronto Pearson International Airport has filed the first lawsuit against the airline, alleging negligence. The passenger’s attorney stated that the lawsuit was submitted in a Georgia federal court, accusing Delta and its subsidiary Endeavor Air of failing to land the aircraft safely. The legal action seeks damages under the Montreal Convention, an international agreement that provides legal recourse for passengers injured during flights. The plaintiff is requesting over $200,000 in damages. A second lawsuit was filed shortly after by another passenger.
The incident left all 80 passengers and crew members alive, though many suffered injuries. The plaintiff reportedly sustained injuries to his face, neck, and back, and witnessed flames as the plane skidded off the snow-covered runway. His attorney noted that he feared for his life during the crash.
Delta and Endeavor have not responded to requests for comment. However, Delta Air Lines CEO Ed Bastian praised the flight crew, describing them as experienced and well-trained, and labeled their actions during the emergency as heroic. The cause of the crash remains under investigation by the Transportation Safety Board of Canada, alongside the Federal Aviation Administration and the National Transportation Safety Board. The findings could influence the ongoing lawsuits, with more passengers expected to take legal action soon.
The Bombardier CRJ-900 aircraft departed Minneapolis-St. Paul International Airport at approximately 10:30 a.m. local time and crashed in Toronto around 2:15 p.m. local time. Upon impact, the plane overturned, causing a fire and significant damage to its wings. The plaintiff, seated near the cabin door, assisted in evacuating passengers after unbuckling his seatbelt. All individuals on board were evacuated, with 21 hospitalized for injuries, none of which were life-threatening. The plaintiff later sought medical attention independently in Toronto and Texas.
A second lawsuit was filed by another passenger in a Minnesota federal court. Meanwhile, the plaintiff plans to accept Delta’s $30,000 compensation offer, which the airline claims will not affect passengers’ rights to sue. During the evacuation, the plaintiff retrieved his phone and immediately contacted his family to assure them of his safety.
The plaintiff’s attorney expressed hope that the case would contribute to improving aviation safety and alleviating public fears about flying.
— news from The Washington Post