Flydubai Passengers May Receive $250,000 Each After Terror Incident

Passengers aboard a Flydubai flight to Israel that experienced a terror incident, including an attempted hijacking and a crash attempt, may be eligible for compensation of approximately $250,000 per person, according to aviation law experts. This potential compensation applies even if passengers did not suffer direct physical injuries and the plane landed safely.

Experts, including attorney Devora Sturman of the US law firm Motley Rice, estimate that each passenger could receive around $250,000 based on similar past cases. These experts note that further issues, such as hearing problems, anxiety attacks, and post-traumatic stress, may emerge later. Motley Rice is currently examining claims under the Montreal Convention, considering the possibility of pursuing legal proceedings in the United States rather than Israel.

Attorney Ehud Pai stated that the terror event, which reportedly involved 174 Israeli passengers including dozens of minors, could indeed establish grounds for significant compensation for current and future physical and psychological damages. "This is a traumatic event that by its nature can leave lasting consequences," Pai commented.

The legal framework for this case is governed by the Montreal Convention, which addresses the liability of air carriers in international flights. Under the convention, an airline is liable if a passenger is injured and the accident occurred within the aircraft or during boarding or disembarking. Israeli legal precedent, notably the 1984 Supreme Court ruling in the Entebbe hijacking case (the "Dadon ruling"), has established that acts of terror can be considered "accidents" and that "bodily injury" can include purely psychological harm.

While the Entebbe case was dismissed due to statute of limitations, the principle that hijacking constitutes an "accident" and that psychological damage is compensable remains. However, Pai emphasizes that compensation is not automatic and requires proof of the event, the extent of the damage, and the causal link between them. The Montreal Convention sets a liability limit for accidents at 151,880 Special Drawing Rights (approximately $630,000 NIS). Beyond this amount, passengers can claim additional damages, and the airline can only be absolved of responsibility by proving the damage was not due to its negligence or fault, or that it resulted solely from a third party's actions.