Delta Air Lines is already facing two lawsuits from two passengers who were onboard Flight 4819 that crashed at Toronto Pearson International Airport (YYZ) on Monday afternoon.
Hannah Krebs and Marthinus Lourens have filed separate lawsuits against the Atlanta-based carrier for negligence as well as a claim under the Montreal Convention, which makes airlines liable for injuries by passengers during an international flight.
In his lawsuit, Marthinus says that he was drenched in jet fuel as the plane slid down the runway, and the right wing and tail were torn from the aircraft before it rolled and came to a stop upside down.
Suspended upside down by his seatbelt and covered in jet fuel, Marthinus says he became aware that the plane was on fire before he managed to escape the wreckage with significant injuries to his head, neck, back, knees, and face.
Hannah, meanwhile, says she was violently thrown about the cabin as the plane was flipped upside down, leaving her with “extreme injuries.”
Her attorneys from the Motley Rice Law Firm have pinned the cause of the crash on the two pilots who allegedly operated the flight in “woeful violation of numerous international and United States airline industry standards and established flight rules.”
The complaint, which was filed in a Minnesota district court where Endeavour Air, the wholly owned subsidiary of Delta Air Lines that operated the ill-fated flight, is based, continued:
“Among an extensive litany of errors and omissions, the Flight 4819 flight crew failed to observe the most fundamental procedures for a landing approach into YYZ, failed to appropriately monitor flight conditions on approach, and failed to communicate and react in the cockpit to those flight conditions.”
Motley Rice aviation attorney Jim Brauchle, representing Hannah, said other passengers on Flight 4819 should think twice about accepting quick financial settlements.
Delta Air Lines says it has offered every passenger on Flight 4819 a goodwill payment of $30,000, but a spokesperson for the airline insists that this is a ‘no strings attached’ offer and will not affect the ability of passengers to pursue legal action against the carrier.
“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,” Brauchle said after the lawsuit was filed on Friday.
“This suit seeks to hold Delta and Endeavor Air accountable for actions we believe led to a preventable catastrophic event.”
On Thursday, Delta was forced to deny rumors circulating on social media that the two pilots who were at the controls of the wrecked Bombardier CRJ regional Jet lacked experience and had failed training exercises.
Delta is yet to confirm the identity of the two pilots despite their names being shared online.
The investigation into what caused Flight 4819 to crash land is still in its early stages, although Canada’s Transportation Safety Board (TSB), which is leading the probe, says it has now started analysis of the flight data recorder and the cockpit voice recorder which were recovered from the plane.
Aviation experts have called on online commentators to hold back from speculating over the cause of the accident and wait for an official update from crash investigators.
“Already”…Usually the Ambulance Chasers are lined up to greet the passengers as they run from the plane on these sort of events.