Flydubai Passengers May Seek Millions in Damages for Psychological Trauma
Translated & summarized from i24NEWS Arabic by baba
The story in 5 lines · by baba
- Flydubai passengers may seek up to $250,000 each for psychological trauma.
- Airlines' responsibility for passenger psychological distress is under scrutiny.
- Legal claims may be filed under the Montreal Convention.
- Past hijacking cases inform potential compensation arguments.
- Passengers must prove damages and their link to the incident.
Passengers aboard a Flydubai flight to Israel that experienced a serious security incident and attempted hijacking may be eligible for compensation of up to $250,000 each, according to Israeli sources and aviation law experts. The flight, carrying approximately 174 Israeli passengers including many minors, has brought renewed attention to airlines' legal responsibility for passengers' psychological distress, even without physical injury. Lawyers specializing in aviation and air disasters, such as Deborah Sturman of the American law firm Motley Rice, believe that similar legal precedents could allow passengers to claim substantial damages for psychological harm stemming from the incident. Sturman's firm is exploring potential lawsuits under the Montreal Convention, possibly litigated in the United States.
Legal experts note that the full impact of such traumatic events may not be immediately apparent, with some passengers potentially experiencing panic attacks, post-traumatic stress disorder, or other trauma-related symptoms in the future. Israeli aviation lawyer Ehud Fay stated that "terrorist events" occurring during a flight could, under specific circumstances, be classified as an "accident" under the Montreal Convention, potentially supporting claims for both physical and psychological damages.
The legal arguments draw on a 1984 Israeli Supreme Court ruling related to the 1976 hijacking of an Air France plane. The court broadly interpreted "accident" to include hijacking and recognized psychological damage as compensable even without direct physical injury. Although that specific case was dismissed due to the statute of limitations, the legal principles established remain significant for subsequent aviation cases.
The Montreal Convention does not set a fixed compensation amount per passenger but operates on a system tied to Special Drawing Rights (SDRs). Airline liability for damages resulting from an "accident" is capped at a certain SDR level, approximately 630,000 shekels. Passengers can seek additional compensation if proven damages exceed this amount, though airlines may contest liability under the convention's terms. Experts emphasize that the $250,000 figure is an initial estimate based on past cases, not a guaranteed sum, and each passenger must prove their damages and their causal link to the incident.
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