Multiple Passengers Retain Kreindler Following Toronto Crash Landing of Delta Air Lines Flight 4819

What Happened

On Monday, February 17, Delta Air Lines flight 4819, a Bombardier CRJ-900LR jet operated by Endeavor Air, crash landed on arrival at Toronto Pearson International Airport. Surveillance video shows the plane making an extremely hard landing onto the snowy runway with such force that its right main landing gear was caused to collapse while appearing to shear off one of the airplane's wings and flip over sideways sending the plane onto its back as its tail. 

The plane appeared to catch fire as it hit the runway and left passengers, hanging upside down suspended only by their seatbelts. Passengers released themselves to fall down to the roof of the plane before evacuating from the flipped aircraft. Miraculously, all on board survived, though numerous passengers were left with serious injured. Reportedly, 21 people were transported to the hospital. The flight originated from Minneapolis-St. Paul International Airport in Minnesota.

In the Media

The Montreal Convention and Passenger Rights

Since the flight came from Minneapolis and landed in Toronto, what happened on that trip will be governed by a multinational treaty called the Montreal Convention. This treaty standardizes the process for all passengers despite where they are filing the claim from or who they are filing it with. The Convention imposes strict liability on airlines for passenger injuries and deaths that occur as the result of an “accident” that occurs aboard the aircraft, or during the course of embarking or disembarking. If passengers can show the occurrence of an accident - as in this case - the airline is strictly liable for the passenger’s provable damages up to a cap of approximately $200,000. If the airline cannot show that they weren’t negligent in causing the crash - a highly likely scenario here - passengers will be able to surpass the damages cap to collect the full extent of their damages. 

Notably, the Montreal Convention requires the occurrence of a physical injury, and does not compensate for purely psychological damages like post traumatic stress. Psychological injuries are only compensable if the passenger has also sustained a physical injury. A passenger’s trauma does not necessarily have to stem from the physical injury itself, but must occur simultaneously as part of the same accident. Even bumps and bruises will suffice to meet the physical injury prerequisite under the Montreal Convention, but without a physical injury, even a highly traumatized passenger will be left without legal recourse against the airline.

The Montreal Convention imposes a two year deadline to file a lawsuit, and those suits are required to be filed in federal court. However, it is important for passengers to put the airline on notice of their claims as soon as possible so that the airline cannot later use the delay as a defense against the passenger’s alleged injuries.

Kreindler Has Resolved Thousands of Montreal Convention Cases

Kreindler has successfully resolved thousands of cases on behalf of passengers injured or killed on international commercial flights. Several of our partners are recognized authorities in litigating claims under the Montreal Convention. We frequently provide expert commentary to the media, publish scholarly articles, and deliver educational lectures to the legal community offering insight into the complexities of the treaty. No law firm in the country is better qualified to seek justice for airline passengers injured abroad. 

Preliminary Investigation

While it’s not yet clear exactly what caused the crash, the National Transportation Safety Board (NTSB) is assisting the Transportation Safety Board of Canada, which is leading the investigation. A preliminary report should be released within approximately 30 days. 

Kreindler Experience with Crash Landings

Kreindler has successfully handled numerous claims on behalf of passengers injured in crash landings during inclement weather conditions: 

Continental Flight 1404 at Denver International Airport

Continental flight 1404 crashed during take-off at Denver International Airport. The investigation focused on the brake and tire systems, potential engine thrust issues, strong winds, icing and inclement runway conditions.

Delta Airlines Flight 1086 at LaGuardia Airport

Delta Airlines flight 1086 ran off the runway at LaGuardia Airport and struck a perimeter fence after landing in poor weather. The investigation focused on mistakes committed by air traffic controllers and the Delta Air Lines pilots.

About Kreindler

Kreindler is the preeminent aviation accident law firm in the world. Our attorneys have been appointed leading counsel in nearly every major commercial airline disaster case in the U.S. and abroad. The firm was recently named 2024 Transportation Law Firm of the Year by the National Law Journal. Kreindler’s aviation practice is led by attorneys who are also commercial-rated, veteran military pilots. Kreindler’s aviation accident attorneys have achieved an unmatched record of success representing people globally who have been injured or lost family members in international and domestic airline disasters. Our firm maintains offices in New York, Boston and Los Angeles.