At least two passengers on Delta Flight 4819, which caught fire and flipped over during a crash-landing at Toronto Pearson International Airport this week, are suing the airline and its subsidiary Endeavor Air.
In the first lawsuit, filed in Georgia federal court late Thursday, Marthinus Lourens claims he was “drenched with jet fuel” as the “burning plane” rolled over and then went belly up. He was left with injuries to his head, neck, back, knees and face as a result, as well as additional injuries caused when he released his seatbelt and fell to the ceiling of the upside-down aircraft, according to the complaint.
Lourens says he has also been struggling with “severe emotional distress and mental anguish” in the days since the crash. He’s seeking more than $200,000 in damages.
Another suit from passenger Hannah Krebs was filed in Minneapolis federal court on Friday, accusing the flight crew of “gross negligence and recklessness” and “inadequate training and supervision” by Delta. She recalls how she was “violently thrown” around in the plane’s cabin alongside the other passengers as the Mitsubishi CRJ-900LR jet attempted to touch down in Toronto.
As a result, Krebs says she suffered extreme physical and emotional injuries, leading to economic losses. She’s seeking an unknown amount in compensation.
“This was a preventable accident that never should have occurred,” attorney Jim Brauchle said in a statement to NBC News. “The passengers on Delta Flight 4819 had their lives forever changed having endured such a traumatic experience.”
The pair of lawsuits come after Delta offered those passengers $30,000 apiece, telling them it “has no strings attached and does not affect rights.”
Lourens and Kerbs were among 80 people — 76 passengers and four crew members — on Delta Flight 4819 when it took off from Minneapolis/St. Paul International Airport on Monday. Operated by Endeavor Air, the aircraft started to falter as it neared Toronto Pearson.
Videos shared online show the plane touching down and skidding across the snow covered tarmac, then bursting into flames before it flips overs and come to a stop.
Everyone onboard survived the chaos, though 21 people were hospitalized. They have all since been released, airline officials said.
As of Saturday, the cause of the crash was still unclear. The Transportation Safety Board of Canada is investigating the incident alongside a team of U.S. investigators with the National Transportation Safety Board.
