FlyDubai Passengers May Seek Millions in Compensation After Near-Disaster

Passengers aboard a FlyDubai flight where the co-pilot allegedly attempted to seize control of the aircraft may be eligible for significant compensation, even without physical injuries. Experts in aviation law estimate that each of the 174 Israeli passengers could potentially receive up to $250,000. Lawyers are currently exploring the possibility of filing lawsuits against the airline and determining the appropriate jurisdiction for legal proceedings.

Deborah Sturman, an attorney with the U.S. law firm Motley Rice specializing in aviation disasters, suggested the potential compensation could be around $250,000 per passenger, emphasizing this is a preliminary assessment. A key challenge will be proving damages, which could include psychological trauma such as anxiety and post-traumatic stress disorder, in addition to any physical consequences.

The Montreal Convention, in effect in Israel since 2011, could serve as the legal basis for these potential claims. This convention governs airline liability in international flights. Under its provisions, carrier liability for proven damages from an aviation incident is capped at approximately 630,000 shekels (about $151,880 in special drawing rights). Claims exceeding this limit would require further legal proceedings based on the specific circumstances and the airline's responsibility.

An Israeli legal precedent from the 1976 Air France hijacking to Entebbe might also be relevant. The Israeli Supreme Court previously ruled that hijacking could be considered an aviation incident and allowed for the consideration of moral damages, even without physical injury. Although compensation was not awarded in that specific case due to a statute of limitations, the court's legal reasoning could be influential.

This precedent could be particularly important for the FlyDubai incident, as the aircraft was recovered and most passengers avoided direct physical harm. The mere experience of a catastrophic threat could be grounds for compensation claims. However, automatic payouts are not expected; each passenger will need to substantiate their damages and their connection to the incident.

FlyDubai could also face scrutiny regarding its own actions. If claims exceed the convention's limit, the airline might argue it was not negligent or that a third party was responsible. If a substantial number of the 174 passengers file successful claims, the total compensation sought could reach tens of millions of dollars, though the final amounts will depend on individual damages and court decisions.