The first lawsuit has already hit in the Delta Air Lines flight incident in Toronto.
The plane flips over. Its wings were torn off. Passengers hung like bats. Yet everyone evacuated and survived. However, the passenger that’s already suing claims “back, neck, and facial injuries from being left hanging upside down and then falling onto the ceiling when he unlatched his seatbelt.”
Pereira says he’s filed a lawsuit against Delta on behalf of Lawrence, and the $30,000 offered by the company to passengers won’t cover the expenses stemming from this crash.
Delta is proactively offering passengers $30,000 apiece with “no strings attached” and not waiving any rights to sue or seek further compensation. Delta looks proactive. They know they’re going to pay. And passengers get cash quickly. There’s time to sort out the right and appropriate amount. Some passengers may have medical bills. Others may not be ready to go right back to work.
There are going to be lawsuits, but call me crazy, maybe it makes sense to wait for more information to come out about the incident in order to form a cause of action. There’s a rush to the courthouse, though, for lawyers to lock in client representation:
Under the Montreal Convention, airlines are strictly liable for damages up ~ $240,000 (128,821 Special Drawing Rights) without proving negligence.
(HT: Joe R)
The good ‘ole USA lawsuit (without thought or patience) mentality.
Now available in Canada!
That’s very decent of Delta Airlines, but let me tell of something indecent they did regarding a compensation claim back in 1986.
I had a school chum who died on DL191 at DFW in August of 1985. His Mom & Dad sued Delta in the public courts, but before they went to trial they received a special delivery from Delta’s legal team who advised his parents that Delta would argue in public that my friend’s life was not as valuable as anyone else’s on the aeroplane because he was gay, would probably contract (if he hadn’t already) AIDS, and so would not be expected to live a full, productive life, and so would have very limited earning potential, and wouldn ‘t in any case have any dependents to support.
It worked. My friend’s parents were shamed into accepting a low offer for the life of my friend.
That’s what kind of people Delta International is made up of.
This person’s seat neighbor should sue them for negligence. Claim that they intentionally ignored the instructions of a flight crew member to fasten your seat belt FIRMLY across your lap.
Pathetic!
YOU’RE ALIVE!
Go enjoy life instead of this BS!
How much should these people get considering what others get in other legal cases, not just crashes, assuming no injury found and adequately compensated for damaged or lost luggage?
a. $30,000 already received
b. $75,000 total
c. $300,000 total
d. $1 million
e. $3 million
f. $30 million
I lean towards b but could probably be convinced for c.
@derek
My condolences on the loss of your friend on DAL flight 191. The horrific
letter to his parents was probably drafted by the same Delta lawyers who used to schedule two “different” company summer picnics for Delta employees well into the mid 1970s…one was held in Grant Park (downtown Atlanta). Let’s just say there was quite a contrast in the racial makeup of the separate outings. And, oh, guess which legacy airline was last to hire a black pilot? You guessed it…
Lawyer says “If you know anyone who is interested in holding Delta accountable for its negligence”…already assumed it’s Delta’s fault. Maybe, but a big assumption right out of the gate.
Did you actually bring something up from 1986?
That’s some solid wife vibes right there.
The Montreal Convention (and Warsaw Convention before it) shows why having both life insurance policy and accident insurance is important when traveling internationally. If a flight goes down for any reason other than negligence, the most anyone will receive is $250,000.
Recently, a female whistleblower pilot (dangerous training conditions) was forced to a pysch exam by Delta. I believe she resigned and sued. AA pilots do not allow forced pysc exams.
If the captain of the accident was hired for statistics snd washed out by Delta training, then the Delta CEO will cover.
Delta use to force pilots in interviews to be examined by a psychiatrist. There was a rocking chair and the question was should you rock or not rock,
The father died and his son took over who is currently still working at Delta.
Its a friggin miracle that 80 people hanging upside down from their seats DIDN’T land on their heads with at least serious concussions. Gravity is a bitch.
I don’t understand the complaints about hanging from the ceiling (former floor) like a bat. What is the alternative — the seat belt failing and being slammed on the floor (former ceiling)?
God I hate ambulance chasers. It is like the old joke “what do you call a bus full of lawyers that goes over a cliff with an empty seat – a pity”.
There are no causes yet and if it turns out to be weather good luck with any suit. Also, the professionalism of the in flight crew got everyone out (while the plane was upside down and burning). They should be applauded for this and not sued. Of course in today’s world everyone has their hand out and if anything happens they think they hit the lottery. We have to shut down the civil litigation process and hopefully this is on Trump’s and Elon’s radar for an EO.
I support the Billy Shakespeare view of lawyers.
I’m against nearly everything Mike P has ever said on here… except this, but only ‘sort of.’ While there are a few decent lawyers out there actually fighting for the vulnerable, most of them are merely mercenaries for the highest bidder. That said, such stereotyping of any group as ‘all bad’ (like Mike P often does here) is just hate speech. Ah, so, after all, Mike P is still a bad actor—not sorry.
Having dealt with frivolous lawsuits, I do very much blame lawyers for wasting time and money in those circumstances.
However, this is not a frivolous claim. Delta is trying to ‘sound good’ with $30,000 when they may owe a lot more than that under the Montreal Convention.
Sometimes, you do really need to fight rather than take the deal. But like everything in the law, it depends.
Yeah, those scumbag Delta lawyers from 40! years ago fully reflect the current staff. My great-great-grandfather was denied a day off to attend his father’s funeral by U.S. Steel, and I’m still upset.
You’re against everything I stand for because my positions are always principled and moral. Two very important qualities you lack.
Asked on Google: “Does life insurance pay out if you don’t die?” “No, life insurance typically doesn’t pay out if you don’t die.” Nobody died in the Toronto accident. It seems that only a few people have serious enough injuries that they need anywhere near $100,000 USD to pay for medical care. All injured passenger were released from the hospital two days ago. That doesn’t mean that they are all at 100%. Google says that the insurers of travel insurance typically make between 20% and 40% of the premium as profit. I have several types of life insurance to cover specific gaps in funds if I die unexpectedly too soon. I also have a medical HMO that will cover unexpected medical costs out of area, but it will take some time for the claims to be processed and some may be denied. Some of the payouts for the accident’s costs in Toronto may require documentation. Pain and suffering payouts may require litigation. I have doubts that most passengers will bump up against the Montreal Convention limits. I expect most to get somewhere in the $100k range, although if Delta and it’s insurers are generous, it may be double that.
Here in the Seattle area, during the nightly news, at least five ambulance-chaser personal injury law firms have advertising. Admittedly most are to help people fight with insurance companies reluctant to pay out.