
By YYZBrennan - Own work, CC BY-SA 4.0,
Delta Airlines two passengers have initiated legal action Air Line this week following an incident on Monday in which 21 passengers sustained injuries when a plane overturned during its landing at Toronto Pearson International Airport. The aircraft, arriving from Minneapolis-St. Paul International Airport, experienced a crash landing, ignited, and subsequently flipped over on the runway.
In one of the lawsuits submitted on Thursday, Texas resident Marthinus Lourens alleged that he was “soaked with jet fuel” as the plane turned upside down.
“Mr. Lourens found himself drenched in jet fuel inside a burning aircraft, and upon unbuckling his seatbelt, he fell against the ceiling of the inverted plane and had to assist in opening the cabin door, as the flight attendant was unable to do so,” stated attorney Andres Pereira in a press release.
The passenger sustained severe injuries to his head, neck, back, knees, and face as a consequence of the plane crash, along with “additional physical injuries” incurred when he unfastened his seatbelt and fell against the ceiling of the inverted aircraft, as stated in the complaint.
Pereira noted that Lourens aided other passengers in evacuating the plane “despite his own physical injuries and trauma.”
In a separate lawsuit filed on Friday, Minneapolis resident Hannah Krebs alleged that the crash was a result of the flight crew’s “gross negligence and recklessness,” as well as “insufficient training and supervision” by Delta.
“This was an avoidable incident that should never have taken place,” attorney Jim Brauchle remarked in a statement. “The passengers aboard Delta Flight 4819 experienced a life-altering event after enduring such a traumatic ordeal.”
The complaint further indicated that Krebs was “violently tossed around the cabin” and experienced “severe injuries and emotional distress.”
The Transportation Safety Board of Canada is currently conducting an investigation into the incident, with assistance from a team of investigators from the U.S. National Transportation Safety Board. The cause of the incident has yet to be established.
A spokesperson for Delta Airlines stated that the company will not comment on ongoing litigation.
On Thursday, Delta issued a statement to address what it described as “false and misleading assertions” regarding the flight crew, affirming that both the captain and first officer are “qualified and FAA certified for their positions.”
Two lawsuits have been filed in the U.S. District Court for the Northern District of Georgia and the U.S. District Court for the District of Minnesota, respectively, claiming under the Montreal Convention, an international aviation treaty that allows lawsuits to be initiated in the plaintiff’s home country.
These lawsuits were submitted this week following Delta’s offer of $30,000 to each of the 76 passengers aboard the Endeavor Air flight, clarifying that the offer “has no strings attached and does not affect rights.”
Delta also reported on Thursday that all passengers who sustained injuries have been discharged from local hospitals.