Delta faces first lawsuit in Toronto plane crash; passenger says he was “drenched with jet fuel”

Less than two days after Delta Air Lines offered $30,000 to each passenger on board the flight that crashed and flipped in Toronto on Monday afternoon, the company is facing its first lawsuit in the incident — and it likely won’t be the last.

Delta would be shelling out approximately $2.3 million in total if all 76 passengers that were on its subsidiary Endeavor Air’s CRJ-900 aircraft took its offer, but one Texas man says he deserves more. 

In a newly filed lawsuit, the passenger says being “suspended upside down” and “drenched with jet fuel” caused him “severe emotional distress and mental anguish.” He says he also suffered “significant injuries to his head, neck, back, knees and face.”

There may be more lawsuits to come due to the Montreal Convention, an international treaty that governs how airlines are liable for passenger injuries, baggage damage and cargo loss. 

Under the treaty, passengers who are hurt on international flights can be compensated up to $200,000, but it could be more if the airline is found to be negligent. Passengers have two years to file a lawsuit under the treaty.

Twenty-one people were hospitalized following the crash landing of the flight that originated at Minneapolis-St. Paul International Airport. On Thursday, Delta CEO Ed Bastian announced all have since been released.

Upon the company’s offer of $30,000 for each passenger who was aboard the flight, a spokesperson for Delta Care Team informed passengers that “this gesture has no strings attached and does not affect rights.”

On Thursday, Delta also released more information on the flight’s captain and first officer amid false online rumors that both had failed training events. The company says both are certified by the Federal Aviation Administration, and the captain has served “in pilot training and flight safety capacities.” The first officer, who was hired last year by Endeavor, also has “the highest-level pilot certification in the U.S.,” according to the airline.

The investigation into why the flight crashed continues, with crews from the National Transportation Safety Board and the FAA assisting their Canadian counterparts.

Delta officials declined to comment on the pending litigation.