Two people who were on a plane that crash landed at Toronto’s Pearson airport on Monday are suing Delta Air Lines and its subsidiary Endeavor Air.
The lawsuits were filed separately in U.S. District Court in Georgia and Minnesota and allege negligence.
The Georgia lawsuit, filed Thursday on behalf of Marthinus Lourens of Texas, alleges he was drenched with jet fuel as the plane rolled upside down, and that he suffered significant injuries and emotional distress.
DJC Law said in a news release that lawsuit alleges the defendants were negligent in the operation, maintenance and management of the flight, which it alleges directly contributed to the crash.
It said the lawsuit is demanding a jury trial and seeks compensatory and punitive damages.
The complaint says that under the Montreal Convention, which requires airlines to pay damages when passengers are hurt or killed, the defendants are liable to Lourens for provable damages of up to roughly US$200,000, along with additional damages due to alleged negligence.
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“DJC Law is committed to ensuring full accountability and justice for Mr. Lourens as he seeks compensation for his suffering and losses,” lawyer Andres Pereira said in a statement.
The other complaint, which also lists Delta and Endeavor as defendants, alleges Hannah Krebs of Minneapolis suffered extreme bodily and mental injuries and economic losses because of Monday’s crash.
Motley Rice LLC, which filed the lawsuit on behalf of Krebs on Friday, said in a news release that it was seeking compensation including damages for physical and emotional injuries. The lawsuit does not specify an amount.
The lawsuit alleges Delta and Endeavor were negligent, the flight crew failed to adhere to standard landing procedures, and inadequate training and supervision contributed to the crash.
“As a former U.S. air force navigator, I understand the challenges that flight crews often face in the moment, but adhering to established protocols is critically important to ensure passenger safety,” lawyer Jim Brauchle, who represents Krebs, said in a statement.
“This suit seeks to hold Delta and Endeavor Air accountable for actions we believe led to a preventable catastrophic event.”
None of the allegations in the lawsuits have been tested in court.
A spokesperson for Delta said it was declining to comment on pending litigation.
Delta has offered US$30,000 in compensation to passengers who were on the plane, saying the money “has no strings attached and does not affect rights.”
On Monday afternoon, a Delta plane hit the tarmac and then tipped over, creating a fireball as its wing scraped along the ground before it rolled over and came to a stop in a cloud of smoke.
All 76 passengers and four crew members survived Monday afternoon’s crash landing, though 21 were taken to local hospitals to be treated for injuries. All have since been released.
The Transportation Safety Board of Canada continues to investigate the crash.
