Survivors of the Delta Airlines crash at Toronto Pearson International Airport earlier this week may be eligible for compensation under international aviation laws, with legal action already underway.
Two passengers who sustained injuries in the accident have retained legal representation, and more are expected to join potential litigation, according to Rochon Genova, the law firm representing them.
Passengers injured in the hard landing incident may be entitled to compensation under the Montreal Convention, an international treaty governing airline liability.
Legal experts state that:
- Passengers may claim up to US$200,000 (CA$284,000) in damages without needing to prove negligence.
- Compensation may cover pain and suffering, medical treatment, rehabilitation costs, loss of income, and mental health support related to physical injuries.
- If Delta Airlines is found negligent—due to pilot error, operational failure, or inadequate training—damages could exceed the Montreal Convention cap.
- Other entities, including air traffic control, airport authorities, or the aircraft manufacturer (Bombardier), may also be liable, depending on the investigation’s findings
Aviation law expert Erin Applebaum explains that the Montreal Convention holds airlines strictly liable for onboard accidents but notes that:
“Passengers can claim compensation for psychological trauma only if it is linked to a physical injury. Even a minor injury, like a bruise from a seatbelt or hitting the ceiling, would qualify.”
Under the convention, passengers have up to two years to file claims, with legal teams already in discussions with U.S. attorneys representing American passengers who may also seek compensation.
Unlike passengers, crew members onboard the flight cannot sue Delta Airlines due to U.S. workers’ compensation laws. Instead, they must seek benefits through worker’s compensation programs, unless a design flaw in the aircraft—such as faulty landing gear—is proven, in which case Bombardier could be sued.
The Transportation Safety Board of Canada (TSB) has launched an investigation, analyzing the flight data recorder and cockpit voice recorder. Early reports indicate that the Bombardier CRJ-900 jet flipped over on landing, causing injuries to 21 of the 80 people on board.
Delta Airlines has deployed an incident response team to assist affected passengers. Delta CEO Ed Bastian expressed sympathy for those impacted, stating:
“The hearts of the entire global Delta family are with those affected. We are working to confirm details and will provide updates as they become available.”
As the investigation unfolds, legal experts anticipate further claims from affected passengers, with potential legal action against multiple parties based on the final findings.