Flydubai Passengers May Seek Compensation After Cockpit Incident

Passengers aboard a recent Flydubai flight from the UAE to Israel, which experienced an unusual incident in the cockpit leading to a sharp descent, may be eligible for compensation. Legal experts are advising passengers on their rights, with some unconfirmed reports circulating about potentially large payouts. However, aviation law specialists emphasize that compensation eligibility hinges on specific circumstances and proven damages.

According to aviation lawyer Asher Rotbaum, the airline's potential liability is not absolved by the flight's safe landing. He explained that the Montreal Convention, governing international air travel, holds airlines responsible for damages resulting from an "accident" on board. Rotbaum believes the "violent and unusual incident in the cockpit" could qualify as such an accident.

Rotbaum cited a precedent from the 1976 Air France hijacking to Entebbe, where passengers successfully sued the airline. The Israeli Supreme Court recognized that psychological damages could be compensable under air transport law. However, that case also highlighted a critical limitation: a group of passengers had their claims dismissed due to filing more than two years after the event, exceeding the statute of limitations.

To receive significant compensation, passengers must prove substantial psychological harm, potentially requiring psychiatric evaluations. Rotbaum noted that compensation amounts would vary greatly depending on the individual's proven damages, ranging from tens to hundreds of thousands of shekels for severe, documented psychological trauma impacting daily life or work.

Further investigations may examine whether Flydubai had prior warning signs regarding the co-pilot's behavior, which could impact the airline's responsibility. Currently, there is no evidence of airline negligence. Rotbaum reiterated the importance of the two-year statute of limitations under the Montreal Convention for filing claims, urging affected passengers not to delay in exploring their legal options.