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

Israeli passengers aboard a recent Flydubai flight from Dubai to Tel Aviv may be eligible for substantial compensation following a dramatic incident. International and Israeli aviation law experts estimate that each of the 174 passengers could receive up to $250,000, even without proof of direct physical injury. Attorney Devora Sharman of the American law firm Motley Rice, specializing in aviation litigation, suggested this figure based on similar past cases. Her firm is examining the possibility of filing claims under the Montreal Convention, potentially litigating in the United States.

Aviation law expert Attorney Ehud Pai told Wnet that the unsettling event clearly establishes grounds for claims and significant compensation for physical and psychological damages. He warned that such traumatic events can have long-lasting effects, with damages potentially emerging or worsening long after landing. The Montreal Convention, adopted by Israel in 2011, governs such incidents and places significant responsibility on airlines when passengers are harmed during a flight.

Israeli courts have previously ruled in landmark cases that acts of terror are considered "accidents" and that "bodily harm" includes psychological damage. This precedent was set in the 1984 Supreme Court "Dadon ruling" against Air France, concerning passengers on a hijacked flight to Entebbe. The court then adopted a broad interpretation, deeming the hijacking an "accident" and psychological harm sufficient grounds for compensation.

However, Attorney Pai noted that eligibility is not automatic and requires proving the event, the extent of the damage, and the causal link. Under the Montreal Convention, airlines have near-absolute liability up to approximately $630,000 (151,880 Special Drawing Rights or SDRs) for damages stemming from an "accident." For claims exceeding this amount, passengers must prove the airline's negligence. Airlines can be absolved of full responsibility only if they prove the damage was not due to their negligence or was solely caused by a third party.

The central questions now are where the massive lawsuit against the UAE-based airline will be filed and what the final compensation amount will be. The anticipated legal battle is expected to be lengthy and complex, with Flydubai likely attempting to disclaim responsibility by arguing the damage was caused by a third party.