Legal Experts Discuss Delta’s $30,000 Compensation Offer Following Crash-Landing

Delta Air Lines is offering $30,000 to each passenger of the flight that crash-landed upside down in Toronto on Monday Feb. 17. Despite this act of goodwill, the airline may still face additional claims for damages, as all 80 passengers survived the incident without contractual limitations on their rights to sue.

Morgan Durrant, a Delta spokesperson, emphasized to Business Insider that the payment has “no strings attached and does not affect rights,” although specifics on how and when the payments will be issued remain unclear.

Legal professionals suggest that while the offer demonstrates good faith, it does not preclude further compensation claims. “The $30,000 advance payment offer by Delta is a positive initial step, provided passengers do not relinquish any rights to seek full and fair compensation later,” said Robert Hedrick, an aviation accident attorney from Aviation Law Group, who is representing passengers from the flight.

Erin R. Applebaum, a New York-based aviation attorney, noted that such upfront payments are common in significant aviation incidents, advising passengers to consult legal counsel to ensure the compensation comes without conditions.

Both attorneys affirmed that the payout is not taxable under US law, with some potential exceptions, as outlined by Hedrick.

The crash involved Delta Flight 4819, operated by Delta’s subsidiary, Endeavor Air, which originated in Minneapolis and crash-landed at Toronto Pearson International Airport. The plane was promptly removed from the runway by Wednesday evening.

Delta CEO Ed Bastian focused on the ongoing support for affected passengers and crew, stating, “Our most pressing priority remains taking care of all customers and Endeavor crew members involved.”

Montreal Convention Implications

According to Alan Tan, a professor of aviation law at the National University of Singapore, the payment is an appropriate initial gesture, especially for those who suffered minimal or no injuries, and does not signify an admission of liability by Delta. He explained that passengers retain the right to pursue additional claims if they can demonstrate further losses or damages.

The incident is governed by the Montreal Convention, which mandates airline liability for bodily harm or death on international flights involving signatory countries like the US and Canada.

Comparison with Singapore Airlines Incident

In a related context, following severe turbulence on a flight from London to Singapore in May, which resulted in multiple injuries and a fatality, Singapore Airlines issued refunds and compensation. Injured passengers received $10,000 each, and those with severe injuries were offered an advance payment of $25,000 to address immediate needs, with promises of further discussions for tailored compensation.

Sources: AirGuide Business airguide.info, bing.com, reuters.com