On February 17, 2025, a Delta Air Lines flight from Minneapolis crashed upon landing at Toronto Pearson International Airport, flipping onto its roof.
Fortunately, it appears that all eighty passengers and crew survived, but 18 people were reportedly injured in the incident. As investigations unfold, many affected passengers may be wondering: Can they seek compensation for their injuries?
Understanding Liability in an International Plane Crash
Because the flight was an international trip between the United States and Canada, the Montreal Convention (1999) applies.
For injuries or death resulting from an accident during an international flight, airlines are strictly liable for damages up to approximately $277,000 CAD. Importantly, a passenger must still prove the extent of their damages. A dislocated shoulder will not be treated in the same manner as a death or the loss of a limb. If a passenger or their family seeks compensation beyond this amount the airline face a “reverse onus.” A reverse onus means that—instead of a passenger having to prove the airline was negligent—the airline must prove that it was not negligent.
Who Could Be Held Responsible for the Crash?
Determining liability in an aviation accident can be complex. While the Montreal Convention establishes a baseline for airline responsibility, other parties could also be held accountable depending on the cause of the crash. Possible sources of negligence include:
- The Airline: If pilot error, improper training, or operational failures contributed to the accident, the airline could be liable for damages if those damages exceed the Montreal Convention’s limits.
- Aircraft Manufacturers: If a defect in the aircraft played a role in the crash, the manufacturer may also be responsible.
- Air Traffic Control and the Airport: Weather and heavy snowfall can play a role in aviation disasters. Miscommunication from air traffic control or improper runway maintenance could extend liability beyond the airline itself.
What Compensation Might Injured Passengers Be Entitled To?
Passengers injured in the crash may be eligible for compensation covering medical expenses, lost income, pain and suffering, and long-term rehabilitation costs. Additionally, if a passenger suffered significant emotional trauma or psychological distress as a result of the crash, they may have a claim for damages related to mental health treatment.
What Should Injured Passengers Do Next?
Anyone injured in the Delta Air Lines crash should document their injuries, seek immediate medical care, and keep all records related to their treatment and expenses. Reporting the incident to the airline is also a crucial step, as claims under the Montreal Convention must be made within a two-year time limit.
Given the complexities of the Montreal Convention, and the numerous institutions involved in an airline crash, injured passengers may need to seek the assistance of a lawyer to pursue legal action. Given the complexity of aviation law and international treaties, consulting with an experienced personal injury lawyer can help clarify the best course of action. Get in touch with our team today for a free consultation.
