Crashed Delta jet cleared from Toronto airport runway, all 21 injured out of hospital

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All 21 people taken to hospital after a Delta Air Lines plane crashed at Toronto’s Pearson airport have been released, the airline said Thursday as the airport worked to reopen two runways that have been closed since the crash. 

The wreckage of the plane has been moved to a hangar as the Transportation Safety Board of Canada continues to lead the investigation into the cause of Monday’s crash. All 76 passengers and four crew members survived when Delta’s Endeavor Flight 4819 arriving from Minneapolis skidded on the tarmac and burst into flames. 

Delta has offered US$30,000 in compensation to passengers who were on the plane, saying the money “has no strings attached.” 

Canadian aviation and travel lawyer Bill Clark said the airline is obligated to pay damages to passengers in cases of injuries and deaths under an international convention, and doing so doesn’t make Delta immune to any potential lawsuits filed over this incident. 

Clark said Canada and the United States are both signatories to a set of international rules and regulations known as the Montreal Convention, which requires airlines to pay damages when passengers are hurt or killed. 

“It has nothing to do with liability. It does not affect their claims for damages at all,” Clark said in an interview. “It’s an allowance under the legislation, so they have resources if they need money to do something.” 

“Everybody thinks it’s an attempt to buy off the passengers. It is not,” he added. 

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Jamie L. Thornback, who also practises aviation law, said he believes Delta made the decision to offer the payment under the “contract of carriage” airlines sign with passengers when they book their flights. 

The contract of carriage posted on Delta’s website says that in cases of injury or death, the airline can decide to make a payment “to meet the immediate economic needs of, and hardship suffered by” a passenger. 

“For some passengers, that may cover all their damages and for many, it would only be an advance … depending on the severity of their injuries,” Thornback said. 

“It is in Delta’s discretion and in this case, they chose to make the $30,000 payments.” 

Thornback said the move could be seen as a gesture of goodwill, or an attempt to dissuade people from seeking further compensation. 

He said the number of passengers claiming injuries could be higher than 21 because some people decide not to go to the hospital or report their injuries right away. 

“If people have significant injuries, whether physical or psychological, it is in their best interest to speak to a lawyer who’s familiar with aviation law and the Montreal Convention in particular to understand what their rights are,” he said. 

A Pearson official said the airport was still operating at reduced capacity Thursday. Duty manager Jake Keating told CP24 that he did not have a timeline for when the two closed runways would reopen and passengers should check the status of their flights in case of delays. 

The airport said Thursday afternoon that its staff were “conducting a thorough inspection of the runway to assess damage, with the goal of reopening as soon as possible.” 

Sunwing Airlines cancelled all southbound flights from Pearson on Thursday for a second day in a row, citing the need to prioritize “the safe return of customers currently delayed in destinations due to recent weather disruptions, crew availability constraints and extremely limited hotel capacity.” 

It also cancelled southbound flights departing from the Pierre Elliott Trudeau airport in Montreal on Thursday.