- Delta is giving $30,000 to every passenger who was on the flight that crash-landed on Monday.
- Delta could still be on the hook for more damages if passengers sue.
- All 80 people on board survived the incident.
Delta Air Lines has said it will be giving $30,000 to every passenger who was on board the flight that flipped upside down when it landed in Toronto on Monday.
Morgan Durrant, a spokesperson for Delta, told Business Insider on Wednesday that the “gesture has no strings attached and does not affect rights.”
It’s unclear when and how passengers will be able to claim the money from Delta.
Legal experts told BI that while Delta’s payout is an act of goodwill, the airline could be on the hook for further damages if passengers choose to sue for more compensation.
Jae Woon Lee, an aviation law professor at the Chinese University of Hong Kong, pointed out to BI that Delta has an advance payment clause. Under that clause, Delta offers an advance payment of at least $21,000 if a passenger dies. It does not specify a minimum payment in the case of injury.
“The $30,000 advance payment offer by Delta is a good start in the right direction, as long as passengers do not have to give up any of their rights for full and fair compensation in the future,” said Robert Hedrick, an aviation accident attorney from the Seattle-based Aviation Law Group. Hedrick is taking passenger cases from the Delta flight.
Erin R. Applebaum, an aviation accident attorney in New York, said such payments are “fairly typical in major aviation accidents.”
Applebaum and Hedrick said passengers should consult with an aviation attorney before accepting the money to ensure it comes with no strings attached.
Both attorneys said Delta’s payout isn’t taxable under US law, though Hedrick said there might be some exceptions depending on the circumstance.
Delta Flight 4819 — which was operated by Delta’s subsidiary, Endeavor Air — crash-landed at Toronto Pearson International Airport on Monday. The flight from Minneapolis was carrying 76 passengers and four crew members.
All 80 people on board survived. The wreckage of the plane was removed from the airport on Wednesday evening.
“Our most pressing priority remains taking care of all customers and Endeavor crew members who were involved,” Ed Bastian, the CEO of Delta, said in a statement on Tuesday.
Montreal Convention
Alan Tan, an aviation law professor at the National University of Singapore, told BI the payment was “appropriate as an advance gesture, particularly for passengers who have minimal or no injuries.”
He added that passengers could still sue Delta for more compensation if they could prove loss or damage.
Tan said the rights of Delta’s passengers were protected under the Montreal Convention, an international agreement that holds airlines liable for any physical injuries or deaths that occur on international flights. Both the US and Canada have signed the agreement.
Under the Montreal Convention, the $30,000 isn’t a recognition of Delta’s liability, Tan said.
How Singapore Airlines handled its turbulence incident in May
In May, a Singapore Airlines flight traveling from London to Singapore was hit with severe turbulence while flying over Myanmar. Dozens of passengers were injured in the incident, and one passenger died of a suspected heart attack.
Singapore Airlines gave every passenger a refund and offered $10,000 to passengers with minor injuries.
Singapore Airlines said it would meet with those who sustained serious injuries and “discuss a compensation offer to meet each of their specific circumstances.” The airline said it would also offer them an advance payment of $25,000 to “address their immediate needs.”
“This will be part of the final compensation that these passengers will receive,” Singapore Airlines wrote in a statement in June.
February 20, 11:30 p.m. — This story has been updated with comments from Jae Woon Lee, a law professor at the Chinese University of Hong Kong.
