Delta Air Lines Faces First Negligence Lawsuits

Delta Flight 4819

A Delta Air Lines flight originating in Minneapolis and operated by its subsidiary, Endeavor Air, crashed at the Toronto Pearson International Airport last February 17. The CRJ900 aircraft was carrying 80 passengers, out of whom everyone survived. Only 21 passengers were hospitalized, but all were released by the next day. Two of the passengers have already filed lawsuits for injuries and damages following the aviation accident.

Delta’s Response

Since the crash that broke off a wing and turned the plane upside down, an investigation has been taking place to determine the cause. While no official statement has been made, strong winds and snow were present at the time. Delta has offered compensation to all affected passengers. Should they chose to accept, they will receive a $30,000 sum.

New Lawsuits Emerging

Two of the passengers—Marthinus Lourens and Hannah Krebs—have decided to sue Delta Air Lines over the Flight 4819 incident under the Montreal Convention, which “establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage, or loss of baggage and cargo. It unifies all of the different international treaty regimes covering airline liability that had developed haphazardly since 1929.”, as well as the International Aviation Law. These lawsuits were filed in Georgia and Minnesota federal courts and state that the plaintiffs suffered significan emotional and physical injuries due to the crash. The claimants accuse Delta Air Lines of negligence during landing and evacuation, which they argue may have stemmed from a lack of training. While Delta has offered $30,000 to each passenger, this offer does not affect their legal rights.

The Legal Implications of These Aviation Accident Lawsuits

If the lawsuit is successful, Delta Air Lines could face significant legal and financial repercussions. A successful lawsuit could result in substantial damages awarded to the plaintiffs, including compensation for medical bills, and emotional distress. Additionally, the airline could be required to implement stricter safety protocols and training procedures, especially in relation to handling emergency evacuations and dealing with weather-related flight hazards.

The outcome of this case could impact the airline industry. It could send a message to other airlines highlighting the importance of safety standards and employee training.

Should negligence be established, it could lead to greater regulatory oversight across all airlines. Also, it could incite new lawsuits if similar incidents occur by making passengers more aware of their rights and the legal framework to hold airlines accountable.

With the recent increase in aircraft accidents, these lawsuits could influence industry-wide changes. They could potentially encourage airlines to adopt more rigorous safety protocols and better training programs, among other measures, to ensure that passengers are protected at all times.

How Passengers can Protect Their Rights Following an Aviation Accident

Following a serious incident like the Delta Flight 4819 crash, passengers must take certain steps to protect their legal rights and ensure they are fully compensated for any injuries or emotional distress they experience. Bellow, you’ll find some key steps passengers should consider after an aviation accident:

• Contact Legal Representation: It’s crucial to reach out to an experienced personal injury lawyer who specializes in aviation law. They can help passengers understand their rights, determine if they have grounds for a lawsuit, and navigate their claim.
• Document Injuries and Damages: Passengers should immediately seek medical attention and document any injuries they sustained during the accident. They should keep records of medical treatment, hospital visits, and any ongoing care required.
• Preserve Evidence: Like with any other personal injury case, evidence is key in proving negligence. Passengers should gather and preserve any evidence related to the incident. Including flight details (boarding passes, flight numbers), any statements or communications made by the airline or flight crew, photographs from the scene, and witness testimonies.
• Be Cautious About Early Settlement Offers: Airlines may offer compensation shortly after an incident. Passengers should be cautious about accepting early settlement offers. These are often made to quickly resolve the matter. However, they may not fully cover long-term medical costs, emotional distress, or other damages resulting from the accident. It is always a good idea to consult a trusted lawyer before accepting any offers.

These steps can help affected passengers to safeguard their rights and take action to secure fair compensation. The legal process can be challenging. But an experienced lawyer can help their client navigate these challenges to maximize their recovery.

Finding Legal Representation for Aviation Accidents

If you or a loved one have been injured in an aviation accident, the team at Adamson Ahdoot is ready to fight for your rights against the negligent airline.

We combine a boutique firm’s personal touch with a larger firm’s expertise and resources. With over 100 years of combined legal experience, our team provides aggressive advocacy and unwavering support for every client.

We offer free case reviews with no commitment in both Spanish and English. Contact us today at (800) 310-1606 or online.