In response to the February 17, 2025, crash of Flight 4819 in Toronto, Delta Airlines reported that it offered $30,000 to each of the 76 passengers aboard the ill-fated CJR-900 plane. Landing in adverse conditions that included snow, strong winds, and sub-freezing temperatures, Flight 4819 hit the runway hard, bounced up, and flipped over.
In offering $30,000 per passenger, Delta exceeded the requirements under international law. Whether the offered payments are the last the airline makes is still up in the air.
Fortunate Survivors
Flight 4819, from Minneapolis to Toronto, operated under Endeavor Air, a fully-owned subsidiary of Delta. After crashing during landing, small fires were extinguished by airport firefighters.
Passengers were evacuated without additional mishaps, with 21 requiring medical attention. All were released by February 20. Given that the plane flipped over while landing, the lack of fatalities or serious injuries was extremely fortunate. The two flight attendants on board have received praise for their efficient evacuation of the passengers.
International Passenger Rights
What is the thought process behind the $30,000? The airline chose not to provide details beyond the amount offered and that there were "no strings attached" to the money. They haven't disclosed how many passengers have accepted the payout so far.
Before either commending Delta for offering money with no catch or condemning them for a low amount, it's important to understand the rights of international airline passengers under the Montreal Convention.
The Montreal Convention is an international treaty that sets standards for injuries and deaths on international flights. The Montreal Convention eliminated the need to establish the negligence of an airline in certain situations. The airline is strictly liable for any injuries a passenger can prove were suffered on an international flight.
Damage limits are set by special drawing rights (SDRs), an international money value set by the International Monetary Fund (IMF). According to Delta's website, the airline is liable for up to 151,880 SDRs per injury or death on international flights, which is about $200,000. However, passengers can get more if they can prove that an airline was negligent in causing the accident.
In addition, as part of the Montreal Convention, carriers must supply advance payments to cover necessary expenses for injuries or deaths. If accepted, the amount given is deducted from the final payout.
Flying Above and Beyond
Delta's offer is interesting for a couple of reasons. First, they offered more than required by the tenets of the Montreal Convention, which requires $20,000 as an advance — and even then, only in the case of death. Still, offering more than required is, at worst, a smart PR move. They might also hope to entice some passengers, especially uninjured ones, to avoid litigation altogether. The $30,000 payout is not an admission of liability or negligence on the part of Delta.
Initial payouts after injuries on international flights are not uncommon. Singapore Airlines gave all passengers $10,000 in an initial no-string-attached payment after a turbulent flight that caused injuries in 2024.
Meanwhile, lawsuits against Delta have already begun to be filed. It is generally recommended to speak to a personal injury lawyer prior to accepting payments after an accident to ensure you know your rights regarding compensation.
Related Resources
- How To Sue an Airline Over Damage and Injury (FindLaw's Law and Daily Life)
- Air Travel Rules FAQ (FindLaw's Rights To Travel)
- Travel and Aviation Travel Law (FindLaw's Torts and Personal Injury Law)
