Flydubai Passengers May Receive Hundreds of Millions in Compensation

Following a recent attempted hijacking and crash incident on a Flydubai flight to Israel, aviation law experts estimate that each of the 174 Israeli passengers could be entitled to approximately $250,000 in compensation, even without direct physical injury. The incident, which occurred in mid-air, is far from over for those on board.

A key issue in the potential legal proceedings will be where the lawsuit against the UAE-based airline is filed. Attorney Devora Shurman of the American law firm Motley Rice, with extensive experience in international aviation disaster litigation, suggested that compensation could reach around $250,000 per passenger, based on past cases. Legal experts are examining options under the Montreal Convention, including the possibility of pursuing legal action in the United States rather than Israel.

Beyond the immediate trauma, experts note that some passengers may experience long-term psychological effects such as anxiety attacks, post-traumatic stress, and even hearing problems. The Montreal Convention, which governs airline liability in international flights and has been in effect in Israel since 2011, is the primary legal framework. It holds airlines responsible for passenger injuries resulting from accidents occurring on the aircraft or during boarding and disembarking.

An Israeli precedent, known as the "Dadon ruling" from a 1984 Supreme Court case involving a 1976 Air France hijacking to Entebbe, could be significant. This ruling established that a plane hijacking can be considered an "accident" under the convention, and that psychological damage, even without physical injury, qualifies as compensable harm. Although the passengers in that case did not receive compensation due to the statute of limitations, the legal principle remains valid.

However, compensation for the Flydubai passengers is not guaranteed. They will need to prove the incident occurred, demonstrate their specific damages, and establish a causal link between the event and their alleged injuries. The Montreal Convention sets a liability limit of approximately $630,000 shekels (around $151,880 Special Drawing Rights) for damages resulting from an "accident," with the possibility of seeking further compensation if greater damages can be proven. In such cases, the airline may attempt to limit its liability by proving the damages were not caused by its negligence or fault, or that a third party bears sole responsibility.

As the passengers cope with the aftermath of the dramatic event, a legal and financial battleground is beginning to form. If these estimates hold true, the incident, which concluded without a crash or direct physical injuries, could ultimately lead to a massive lawsuit with cumulative compensation potentially reaching tens of millions of dollars.