Delta Air Lines is facing legal action following the crash landing of its flight at Toronto Pearson International Airport on February 19, 2025. Two passengers have filed lawsuits against the airline and its subsidiary Endeavor Air, alleging negligence and significant emotional and physical harm.
The incident occurred when Delta Flight 4819, arriving from Minneapolis-St. Paul International Airport, hit the tarmac hard before erupting in flames and flipping upside down. Fortunately, all 76 passengers and four crew members survived, though 21 individuals were taken to local hospitals, where they were later treated and released.
Lawyer Andres Pereira, representing Marthinus Lourens, one of the plaintiffs, said the crash had dire consequences for his client. Lourens claims he was "drenched with jet fuel" as the plane overturned, causing him to suffer severe injuries, including damage to his head, neck, back, knees, and face. The lawsuit filed on his behalf seeks compensatory and punitive damages, contending the crash was due to the defendants’ negligence, particularly concerning the operation, maintenance, and management of the flight.
Pereira stressed the importance of accountability, stating, "DJC Law is committed to ensuring full accountability and justice for Mr. Lourens as he seeks compensation for his suffering and losses." The lawsuit cites the Montreal Convention, which could hold the airline liable for damages up to approximately $200,000.
The second lawsuit was filed on behalf of Hannah Krebs, who experienced extreme bodily and mental injuries due to the crash. Her attorney, Jim Brauchle, emphasized the necessity for adherence to safety protocols, stating, "This suit seeks to hold Delta and Endeavor Air accountable for actions we believe led to a preventable catastrophic event." Krebs's lawsuit alleges negligence from the flight crew, who allegedly failed to observe standard landing procedures and provided inadequate supervision and training.
Both lawsuits describe the traumatic aftermath of the crash. Krebs noted being "violently thrown about the cabin," leading to her claims of extreme physical and emotional distress. She did not specify the compensation amount sought, yet her claim points toward the severity of the incident.
Despite the lawsuits, Delta Air Lines has made efforts to compensate all passengers. They offered $30,000 to each individual on the flight. A Delta spokesperson stated, "... the money has no strings attached and does not affect rights." This offer, amounting to roughly $2.3 million if accepted by all patrons, has drawn mixed responses, with some passengers finding it insufficient for the trauma endured during the incident.
While Delta executives maintain the qualifications of the flight crew, the legal complaints suggest significant failings. The crash's investigation is being led by the Transportation Safety Board of Canada, who is collaborating with U.S. agencies to probe the incident thoroughly.
Legal experts have raised concerns about more lawsuits potentially stemming from this crash. The Montreal Convention allows injured passengers two years to file lawsuits concerning their treatment and injuries during international flights, meaning more claims could be expected.
According to Brauchle, "Planes are not supposed to crash. You do not ever think of this getting on a commercial airplane." He underscored the need to file lawsuits expediently, as the litigation process could become lengthy and complicated.
Following the crash, Delta Air Lines responded to false allegations circulating about the flight crew's training. The airline confirmed both the captain and first officer are certified by the Federal Aviation Administration (FAA), with the captain having experience not just as a pilot but also as someone involved in training and safety procedures.
With the Transportation Safety Board still investigating, the focus remains on the impact of the crash on those aboard the flight. The emotional turmoil and physical injuries from the incident have left many questioning how such failures could have occurred. While the immediate aftermath has seen lawsuits filed, the broader ramifications of the crash will likely continue to surface as more information becomes available.
None of the allegations made within the lawsuits have been tested or confirmed in court. Delta has yet to comment on the specifics of the pending litigation.