Delta Airlines Denies Responsibility in Toronto Pearson International Crash

Delta Airlines is now facing 16 lawsuits and denying responsibility after Flight DL4819 crashed at Toronto Pearson International Airport (YYZ) on February 17.

That number grew from 11 last week, as a CBC News investigation reviewed a US court filing and found five more cases were filed this week, including one lawsuit on behalf of a Canadian woman and a minor identified only as “G.O.G.”

In the filing, which seeks to consolidate all the lawsuits in federal court in Minnesota, the airline’s attorney Michael G. McQuillen said “Plaintiffs claim that these injuries and losses are Delta’s and Endeavor’s fault, and not the fault of any other party and the defendants deny these allegations.”

All 80 passengers and crew – including at least 16 Canadians – onboard the flight survived when the regional jet overturned upside down on a slippery runway on landing. The injured passengers are citing negligence that caused their “extreme bodily and mental injuries.” The crash sent 21 people to hospital, and McQuillen said further lawsuits could be filed in the case, with “the potential for more than 70 plaintiffs.” 

The lawsuits allege that the airline bears responsibility under the Montreal Convention, a treaty that holds carriers liable for injuries suffered during international flights. Delta Airlines has previously offered passengers a “no strings attached” lump payout of $30,000 each.

The Transportation Safety Board of Canada (TSBC) continues its investigation which in March, found several issues so that need to be investigated further. Those issues include an alert sent by the plane’s system “indicating a high rate of descent” less than three seconds before landing, with a pitch altitude was one degree – it should be between three and eight. The TSBC is also looking at issues that include pilot training and the functionality of landing gear and why the cockpit door was stuck shut, trapping the pilots.

“It is too early to draw conclusions as to the causes of this accident,” the TSB said at the time, adding a full investigation report will follow “in due course.”