The latest U.S. Airline crash raises specialized legal issues for those passengers aboard Delta Airlines flight 4819.
Accident Facts and ALG Analysis
On February 17, 2025, Delta flight 4819, a Canadair Regional Jet (CRJ 900) operated for Delta Airlines by Endeavor Air, was destroyed after attempting to land on runway 23 at Toronto Pearson International Airport (CYYZ) in Toronto, Ontario, Canada. The accident of Delta 4819 is the latest of a string of highly publicized aircraft accidents since the beginning of 2025, the second involving a major United States airline subsidiary’s operated Canadair Regional Jet aircraft.
Miraculously, all seventy-six passengers and four crew members survived. However, eighteen passengers were injured, three seriously. Our thoughts are with the injured passengers and their families after this accident. We are grateful for the quick action of the flight attendants who evacuated the passengers and the airport fire rescue and other personnel whose quick actions no doubt saved lives.
Gusty wind conditions were present at the Toronto Airport with winds out of the west at 25 knots gusting to 35 at the time of the accident. Initial videos show a graphic scene after touchdown of the Delta jet.
Aviation Law Group attorney and airline captain on the Airbus A320 aircraft, Christopher Rusing, who previously flew the same flights as the accident aircraft on Canadair Regional jets for Endeavor Air (named Pinnacle Airlines at the time), stated, “the Transportation Safety Board of Canada (TSB) and the United States’ National Transportation Safety Board (NTSB) will investigate many facts related to the cause of the accident.”
Where at first the approach to landing looked normal, as the regional jet crossed the approach end of runway 23 it appeared not to flare for landing, impacting the runway at a higher than normal descent rate. The right main landing gear appeared to collapse, and the right wing subsequently struck the ground sheering the wing from the aircraft. As the left wing was still creating lift, the aircraft rolled to the right as it slid down the runway. The aircraft fuselage came to rest several seconds later, inverted but intact. The ensuing fire was quickly extinguished by the responding airport fire fighters.
Mr. Rusing explained: “Based on the video evidence, three factors stand out for accident investigators who will determine the cause of the accident. First, they will look to the weather conditions and its impact on the pilots’ handling of the aircraft at the time of the landing. Second, they will look to the experience of the pilots, whether the pilots flew a stable approach, properly flared the aircraft for landing, or if something interfered with the pilots’ ability to arrest the approach descent for landing. Third, the investigators will look to any possible mechanical issues with the aircraft, specifically, mechanical issues with the right main landing gear that appears to first impact the runway.”
Source: Henrickson at English Wikipedia, CC BY-SA 3.0
Passengers’ Rights on International Flights
Delta flight 4819 was an international flight from Minneapolis, Minnesota to Toronto, Canada, and for those passengers injured in this accident, the circumstances of their purchased ticket pose a somewhat unique legal process. Unlike airline accidents that occur on domestic flights within the United States, such as the horrific events of American Airlines 5342 where Federal or State law will govern, international accidents can be governed by Treaty, specifically the Montreal Convention.
The Montreal Convention (Montreal) is a treaty that “applies to all international carriage of persons, baggage, or cargo performed by aircraft for reward.” Montreal was ratified by the United States Senate in 2003 and is considered an update to the previous Warsaw Convention from 1929. As of 2018 there were 137 signatories to Montreal including Canada.
The Warsaw Convention encouraged uniformity in the laws governing international air carrier liability. To maintain uniformity Warsaw provided an exclusive remedy for injuries incurred during international transportation.
The purpose of Montreal, among other things was to modernize and consolidate Warsaw and to increase available damages in relation to death or injury of passengers from the limited and outdated limits under the Warsaw.
Article 17 of Montreal provides: “The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition that the accident which caused the death or injury took place on board the aircraft…” As such, under Montreal Article 21, air carriers are held strictly liable for proven damages up to 128,821.00 special drawing rights (SDR). SDR is a mix of currency values established by the International Monetary Fund (IMF) equal to roughly US$175,000.
While the air carrier can be held strictly liable under Montreal, the right of the injured in an accident to recover damages more than the 128,821 SDR is unlimited. Above the SDR limit, air carriers have defenses if they can prove that: (1) such damage was not due to the negligence of the air carrier, or (2) such damage was solely due to the negligence of a third party. Both of which are unlikely scenarios in this case.
Actions under Montreal must be brought within two years, calculated from the date of the accident in this case. Article 33 specifies where a Montreal action may be brought. Jurisdiction for an action for bodily injury damages is limited to the territory where (a) the air carrier is domiciled, (b) the principal place of business of the air carrier, (c) place of business of the air carrier through which the ticket was made, (d) before a court at the place of destination, or (e) in the territory of a State party in which at the time of the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air….
Endeavor Air, a wholly owned subsidiary of Delta Air Lines, operated the accident aircraft. At the time of this article, Delta Air Lines has reportedly offered $30,000 to each passenger of flight 4819.
Robert Hedrick, ALG founding attorney with over thirty years aviation law experience was interviewed by Business Insider and noted, “[t]he $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.” Hedrick also noted that “advance payments also reflect goodwill on the part of Delta. However, passengers should have an aviation attorney review any agreements or contingencies that the airline asks passengers to sign for these advance payments.” Hedrick further noted, “this does not mean that lawyers should take a percentage of this money as a fee either, because it is being offered to all passengers early on, and is thus not earned by attorneys.”
We hope that our analysis of the accident and legal intricacies provide insight into the international travel dynamics and how these additional complexities add to the already complex landscape of litigating aviation accidents. Aviation Law Group, PS (ALG) limits its practice to aviation cases and accepts cases throughout the United States and internationally, including Canada. Founding partner Robert Hedrick attended law school in Minnesota and earned a master’s degree in international aviation law from McGill University in Montreal, Canada. ALG is accepting passenger cases from Delta Flight 4819.