Two individuals involved in a plane crash landing at Toronto's Pearson Airport on Monday are pursuing legal action against Delta Air Lines and its subsidiary Endeavor Air. The lawsuits were filed separately in U.S. District Courts in Georgia and Minnesota, with both cases alleging negligence on the part of the airlines.
The first lawsuit was submitted on behalf of Marthinus Lourens, a Texas resident, alleging that he was drenched in jet fuel when the plane rolled upside down during the incident. Lourens claims to have experienced significant physical injuries and emotional distress following the crash. The law firm DJC Law, representing Lourens, claims that the defendants were negligent in their operation, maintenance, and management of the flight, which allegedly led to the crash. The lawsuit is demanding a jury trial and is seeking compensatory and punitive damages. Under the Montreal Convention, which mandates airlines to compensate passengers for injuries, the defendants could be liable to Lourens for damages amounting to approximately US$200,000, in addition to claims related to their alleged negligence.
Andres Pereira, a lawyer from DJC Law, emphasized their commitment to ensuring accountability for Lourens as he seeks redress for his suffering and losses. The second lawsuit was brought forth on behalf of Hannah Krebs, a resident of Minneapolis, by the law firm Motley Rice LLC. This complaint also names Delta and Endeavor as defendants and alleges that Krebs endured severe bodily and mental injuries, along with economic losses resulting from the crash.
The lawsuit filed on behalf of Krebs claims that Delta and Endeavor were negligent, pointing to the flight crew's failure to follow standard landing procedures. Furthermore, it argues that inadequate training and supervision contributed to the unfortunate event. Jim Brauchle, the attorney representing Krebs, remarked on the necessity for flight crews to adhere to established protocols to ensure the safety of passengers, despite the challenges they might face in critical moments. His statement underscored that this lawsuit seeks to hold Delta and Endeavor accountable for what they believe was a preventable catastrophic event.
It is important to note that none of the allegations made in the lawsuits have yet been examined in a court of law. A spokesperson for Delta Air Lines has stated that the company will not comment on pending litigation. However, Delta has proactively offered US$30,000 in compensation to all passengers aboard the flight, framing the money as “no strings attached” and clarifying that it does not impact the passengers' legal rights.
On the afternoon of the incident, a Delta flight crash-landed, hitting the tarmac and subsequently tipping over. This maneuver resulted in a fireball as the aircraft's wing scraped along the ground before it rolled over and halted in a plume of smoke. Fortunately, all 76 passengers and four crew members survived the crash, with 21 individuals requiring hospitalization for injuries sustained during the incident; all have since been released.
The Transportation Safety Board of Canada is currently investigating the circumstances surrounding the crash, further scrutinizing the events that unfolded during the landing. As the legal proceedings commence, the focus will be on determining the accountability of Delta Air Lines and Endeavor Air for the distress caused to the passengers and the success of the ongoing investigation.
