At least two passengers have filed lawsuits against Delta Air Lines this week after 21 people were injured Monday when a plane overturned upon landing at Toronto Pearson International Airport.
The plane, which was arriving from Minneapolis-St. Paul International Airport, crash-landed, burst into flames and turned upside down on the tarmac.
In one lawsuit filed on Thursday, Texas resident Marthinus Lourens claimed that he was “drenched with jet fuel” as the plane rolled upside down.
“Mr. Lourens was drenched with jet fuel in a burning plane, and when he unbelted, fell to the ceiling in the upside-down plane and had to assist opening the cabin door as the flight attendant could not open it,” attorney Andres Pereira said in a statement.
The passenger suffered significant injuries to his head, neck, back, knees and face as a result of the plane crash, as well as “additional physical injuries” after he released his seatbelt and fell onto the ceiling of the upside-down aircraft, according to the complaint.
Pereira said Lourens assisted other passengers out of the plane “despite his physical injuries and trauma.”
In another lawsuit filed on Friday, Minneapolis resident Hannah Krebs claimed the crash occurred due to the flight crew’s “gross negligence and recklessness” and “inadequate training and supervision” by Delta.
“This was a preventable accident that never should have occurred,” attorney Jim Brauchle said in a statement. “The passengers on Delta Flight 4819 had their lives forever changed having endured such a traumatic experience.”
According to the complaint, Krebs was “violently thrown about the cabin” and suffered “extreme injuries and emotional distress.”
The Transportation Safety Board of Canada is investigating the incident. A team of U.S. investigators with the National Transportation Safety Board are assisting. A cause has not been determined.
A Delta spokesperson said the airline declines to comment on pending litigation.
Delta released a statement on Thursday to correct “false and misleading assertions” about the flight crew, and said that the captain and first officer are “qualified and FAA certified for their positions.”
Both lawsuits, filed in the U.S. District Court for the Northern District of Georgia and U.S. District Court for the District of Minnesota, respectively, assert claims under the Montreal Convention, an international aviation treaty that permits lawsuits to be filed in the plaintiff’s home country.
The lawsuits were filed this week after Delta offered the 76 passengers on the Endeavor Air flight $30,000 apiece, telling them it “has no strings attached and does not affect rights.”
Delta said Thursday that all injured passengers had been released from local hospitals.
