Delta Air Lines Flight 4819 experienced a harrowing incident upon landing at Toronto Pearson International Airport, resulting in the aircraft flipping over and leaving 76 passengers suspended upside down from their seatbelts. In response to this traumatic event, Delta Air Lines has offered each affected passenger $30,000 as compensation, totaling approximately $2.3 million if all passengers accept the offer.
The airline's spokesperson emphasized that this compensation gesture is being extended without any conditions attached and will not impact the passengers' legal rights. The CRJ900 twin-jet aircraft, operated by Delta subsidiary Endeavor Air, was cleared for landing on February 17 when it crashed, caught fire, and flipped over around 2:15 p.m. ET. Video footage captured the aircraft's rear landing gear collapsing and the right wing detaching in a fiery explosion following a hard landing on the runway, possibly exacerbated by strong winds reported in Toronto that day.
All 80 individuals on board, including four crew members, survived the ordeal. While 21 passengers were initially hospitalized, they have since been discharged. The process for passengers to receive the compensation remains uncertain.
Erin Applebaum, a legal expert specializing in aviation accident law, noted that an initial payment following such incidents is customary. However, she indicated that Delta's offer is unlikely to dissuade passengers from pursuing legal action if they choose to do so. The Montreal Convention, an international treaty governing incidents on international flights, stipulates that passengers can receive up to $200,000 in compensation if they can demonstrate an accident occurred, even in cases where the airline is not deemed negligent.
If passengers incur costs exceeding this amount due to injuries, they are entitled to further compensation. In cases of airline negligence, the damages cap can surpass $200,000. Passengers have a two-year window under the Montreal Convention to file a lawsuit, allowing time for injuries to be assessed and legal proceedings to unfold.
Applebaum anticipates that most cases stemming from this incident will likely be resolved outside of court within 12 to 18 months, prior to any formal litigation.
