Delta Plane Flips on Toronto Runway
According to the article, a Delta flight crashed recently while landing at Toronto Pearson International Airport, and the plane was seen upside down on the snow-covered ground.
Note: In addition to the video, please see the following article included at the above-referenced internet address:
“Delta Plane Crashes, Overturns in Toronto”
At least 18 passengers were taken to hospitals.
Peel Regional Paramedic Services said none of the injuries were life-threatening.
The Injured
Three people suffered critical injuries -- one child, a man in his 60s and a woman in her 40s -- according to Ornge, which provides medical transport. The child was transported to the Hospital for Sick Children and is listed in good condition, the hospital said.
Among the others, 12 people have mild injuries, Peel Regional Paramedics Services said.
Toronto Pearson President and CEO Deborah Flint commended the emergency response.
“No Loss of Life”
"There was no loss of life, and this is in due part to our heroic and trained professionals, our first responders at the airport," Flint said during a press briefing.
The 76 passengers and four crew on board Flight 4819 were evacuated following the single-aircraft accident, according to Delta and the Federal Aviation Administration. Among the passengers were 22 Canadians, Flint said.
The flight originated in Minneapolis.
"Our primary focus is taking care of those impacted," Delta said in a statement.
Cause Unknown
Toronto Airport Fire Chief Todd Aitken said that the runway was dry and there were no crosswind conditions at the time of the crash.
What caused the plane to flip and catch fire was not immediately clear, but the investigation is already underway.
The Transportation Safety Board of Canada will lead the investigation, the FAA said.
Investigators from the FAA and National Transportation Safety Board are assisting.
Transportation Secretary Sean Duffy wrote on social media, "I've been in touch with my counterpart in Canada to offer assistance and help with the investigation."
The incident occurred at approximately 2:15 p.m. ET Monday, Delta said.
The Toronto Airport temporarily stopped flights in the wake of the crash, the airport said.
While the cause is unknown, the crash unfolded during blowing snow and strong wind gusts in the region.
Winds reached 40 mph on the ground and were even stronger several hundred feet in the air.
Delta CEO Bastian’s Statement
Delta CEO Ed Bastian said in a statement, "The hearts of the entire global Delta family are with those affected by today's incident at Toronto-Pearson International Airport. I want to express my thanks to the many Delta and Endeavor team members and the first responders on site."
Toronto Mayor Chow Responds
Toronto Mayor Olivia Chow wrote on social media, "I'm relieved to learn that all passengers and crew are accounted for after today's plane crash at Toronto Pearson. Thank you to the first responders, crew and airport staff for their quick actions and commitment to keeping everyone safe."
Minnesota Gov. Tim Walz said he had been in touch with Delta.
"Grateful to the first responders and professionals on the scene," he wrote on social media.
Discussion Questions
1. Define the tort doctrine of res ipsa loquitur. Based on the information presented in this article, is this a res ipsa loquitur case? Why or why not?
Res ipsa loquitur is a Latin term meaning “the thing speaks for itself.” It is a legal doctrine that allows a plaintiff to allege negligence when the specific cause of an injury is not known, but the circumstances suggest that the injury would not have occurred without negligence.
In terms of the Delta plane crash in Toronto, investigators have said that it is too early to determine the cause of the crash. The flight data recorder and the cockpit voice recorder, the testimony of those who experienced and witnessed the crash, and the plane itself will likely reveal clues. In your author’s opinion, circumstances in this case could suggest that the crash would not have occurred without negligence or some other tortious act; the coming weeks and months may reveal specific evidence leading to a conclusion that the crash was due to pilot error, a defect in the actual plane itself, some other fault-based cause, or that the crash was due to poor weather conditions.
2. Define the tort doctrine of negligence per se. Based on the information presented in this article, is this a negligence per se case? Why or not?
Negligence per se means negligence in itself. In a tort case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law. As a result, the only thing that must be proven at trial is whether the violation was the cause in fact and proximate case of the plaintiff’s injury.
According to the Restatement (Third) of Torts, Section 14, an individual is negligent per se if they violate a statute that is designed to protect against the type of accident or harm caused by their conduct, and the plaintiff is someone the statute is designed to protect.
The Restatement (Third) of Torts, Section 15 sets forth exceptions where an actor’s violation of a statute is excused and not considered negligent. The exceptions include cases where (1) the statute is unclear; (2) the actor exercised reasonable care in attempting to comply with the statute; or (3) the actor’s noncompliance with the statute resulted in less harm than if they complied.
The most common application of negligence per se is traffic violations, where the driver is automatically considered negligent for violating the traffic code.
Regarding the Delta plane crash, it is too early to tell whether the negligence per se doctrine applies. Litigation has not yet resulted (although it most surely will happen), and during the initial stage of the litigation, it will be necessary to determine which body of law (U.S. state tort law, Ontarian law, etc.) applies—At that point, additional evidence will be gathered in the course of the investigation that may establish fault and causation, and one or more statutes may be identified that would cause the plaintiff(s) to allege negligence per se.
3. As the article indicates, the Transportation Safety Board of Canada will lead the investigation of this case, with investigators from the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) assisting in the investigation. Explain the jurisdictional reasoning behind this order of investigative priority.
Usually, the situs (location) of the accident predominates in terms of jurisdiction. The subject plane crash occurred in Toronto, thus prioritizing the Canadian government and one of its administrative agencies, the Transportation Safety Board of Canada, to take the lead in the investigation. Since the plane departed from Minnesota (more specifically, the Minneapolis-St. Paul International Airport), that also justifies the involvement of the FAA and the NTSB, two federal administrative agencies of the U.S. government.
