“I Was Drenched With Jet Fuel In A Burning Plane!” The Lawsuits Against Delta Air Lines Begin

Two lawsuits have been filed against Delta Air Lines in the aftermath of the crash of Delta Flight 4819.

Delta Air Lines Already Faces Two Lawsuits Over Flight 4819 Crash

I knew it would only be a matter of time before the lawsuits were filed and there’s no doubt that many of the passengers onboard the Endeavor Air CRJ-900 that crashed while landing in Toronto (YYZ) on Monday will be looking for a big pay day.

Lawsuit #1: Marthinus Lourens

The first lawsuit was filed by Marthinus Lourens in a US federal court in Atlanta. Lourens contends he was doused in jet fuel when the plane turned upside down, which caused “severe” emotional distress and mental anguish:

“During the crash sequence, Mr. Laurens was belted in his seat, which prevented him from sustaining life-threatening injuries. As the plane rolled upside down, Mr. Laurens was drenched with jet fuel. Experiencing the crash and being suspended upside down by his seatbelt while drenched with jet fuel, in a burning plane, caused Mr. Laurens to suffer severe emotional distress and mental anguish.”

Laurens further contends that he suffered more injuries “when he released his seatbelt and fell to the ceiling of the upside-down aircraft.”

He is suing under the Montreal Convention, a 2003 treaty that governs (among other things) compensation for airline crashes, claiming negligence on the part of Delta, Endeavor, and the pilots onboard.

“As a result of said accident, Mr. Lourens suffered great pain, agony and mental anguish, and in the future shall continue to suffer from same.”

He is asking for about $200,000.

You can read the complaint here.

Lawsuit #2: Hannah Krebs

The second lawsuit was filed in federal court in Minneapolis, where Hannah Krebs lives and where Endeavor is based.

Krebs is suing largely under the same theory (negligence and invoking the Montreal Convention), although not seeking specific damages beyond what a jury may award (any award will be limited by the Montreal Convention).

Her lawsuit places the blame for the crash squarely on the two pilots:

“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 communicate and react in the cockpit to those flight conditions.”

Her attorney contends, “This suit seeks to hold Delta and Endeavor Air accountable for actions we believe led to a preventable catastrophic event.”

You can read the complaint here.

CONCLUSION

It is no surprise that Delta has already been sued twice over the crash and I would expect nearly every passenger to sue Delta, especially if crash investigators definitively establish that pilot error was to blame for the crash.

image: Transportation Safety Board of Canada