A recent incident involving Delta Air Lines Flight 4819 has garnered significant attention. The flight, which was landing at Toronto Pearson International Airport, flipped over upon touchdown, leaving 76 passengers hanging upside down in their seatbelts. In response, Delta is offering each passenger $30,000.
If all the affected passengers accept this offer, Delta will pay out about $2.3 million in total. A spokesperson for the airline mentioned that this gesture comes with no strings attached and won’t affect passengers’ rights.
The flight, operated by Delta subsidiary Endeavor Air, was coming from Minneapolis. On February 17, around 2:15 p.m. ET, the CRJ900 aircraft landed hard, resulting in a fire and the plane flipping over. Videos from the scene show the rear landing gear collapsing and a dramatic fireball as the right wing sheared off. At the time, Toronto was experiencing strong winds.
Fortunately, all 80 individuals on board, including four crew members, survived the ordeal. Though 21 of them were hospitalized, they have since been released.
Passengers who choose to accept Delta’s compensation can expect to receive their payments soon after agreeing, noted Thomas A. Demetrio, a lawyer who specializes in aviation cases. He emphasized that there’s no reason to delay the decision.
Erin Applebaum, another attorney focused on aviation law and representing some of the passengers, explained that initial compensation offers like Delta’s are quite common in situations like this. “It’s a compassionate move to support those who may need immediate financial help,” she said.
However, Applebaum mentioned that accepting this offer does not prevent passengers from pursuing further legal action later if they feel it’s necessary. Compensation in lawsuits often covers medical expenses and lost income, especially if someone struggles mentally or physically after the incident.
There’s an international treaty, the Montreal Convention, which provides protections for passengers on international flights. Under this convention, injured passengers can claim up to $200,000, even if the airline wasn’t negligent. If injuries result in costs beyond this amount, passengers can still seek compensation without dispute.
Passengers have two years to file a lawsuit under this treaty. Applebaum noted that it’s wise for those affected to take their time assessing their injuries and options. She predicts that most cases are likely to settle outside of court within 12 to 18 months.
