A recent Delta Air Lines incident at Toronto Pearson International Airport has brought attention to airline liability and passenger rights. Flight 4819, operating from Minneapolis to Toronto, experienced a hard landing in harsh winter conditions, causing the aircraft to skid and flip upside down. All 80 individuals on board survived, with 21 passengers sustaining injuries; as of Wednesday, one passenger remained hospitalized. The Transportation Safety Board of Canada is currently investigating the cause of the accident.
In response, Delta Air Lines has offered each passenger $30,000, stating that this offer comes with “no strings attached,” allowing passengers to accept the payment without waiving their legal rights to pursue further action.
Understanding Delta’s $30,000 Offer
Under the Montreal Convention, an international treaty governing airline liability for international flights, airlines are required to provide immediate financial assistance to passengers following an accident. This payment is intended to help cover urgent expenses such as medical treatment, accommodations, and transportation. Delta’s $30,000 offer aligns with this obligation, ensuring passengers receive prompt support. Importantly, accepting this payment does not prevent passengers from seeking additional compensation if their total damages exceed this amount.
How Airline Liability Works Under the Montreal Convention
The Montreal Convention establishes uniform rules for airline liability in international air travel, covering cases of passenger injury, baggage loss, and flight delays. Key aspects include:
• Strict Liability: Airlines are strictly liable for proven damages up to 128,821 Special Drawing Rights (SDRs), approximately $175,000 USD.
• Additional Compensation: For damages exceeding this amount, airlines may limit their liability by proving the accident was not due to their negligence or was caused by a third party.
In the case of the Toronto incident, ongoing investigations will determine the contributing factors, which may influence potential claims for additional compensation.
Considerations for Passengers Regarding the Offer
While Delta’s $30,000 payment provides immediate financial relief, passengers should assess their individual circumstances, including the extent of any injuries and associated expenses. Accepting this payment does not waive the right to pursue further compensation if warranted.
Next Steps
The Transportation Safety Board of Canada continues to investigate the cause of the crash. Passengers and interested parties are advised to stay informed as findings emerge, which may provide clarity on the incident and any potential implications for additional compensation.
For more detailed information, refer to the original CBS News article.