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

Passengers aboard a Flydubai flight on September 30, en route to Israel, may be eligible for significant compensation, potentially around $250,000 per person, according to aviation law specialists. This compensation could be awarded even if passengers did not sustain physical injuries and the aircraft landed safely. The incident involved 174 Israeli passengers, including many children. Following the event, preparations have begun for a major lawsuit against the UAE-based airline. Legal experts are currently determining the appropriate jurisdiction for legal proceedings and the potential amounts passengers can claim.

Attorney Dvora Sturman of the American law firm Motley Rice estimates potential compensation at approximately $250,000 per person, citing similar past cases. Her firm specializes in aviation litigation and international air disasters. Motley Rice is exploring filing claims under the Montreal Convention and investigating the possibility of pursuing the case in the United States rather than Israel.

Experts note that the psychological impact of such traumatic events may not be immediately apparent, potentially leading to future issues like hearing problems, anxiety attacks, and post-traumatic stress disorder. Attorney Ehud Pay stated that the incident could form the basis for substantial compensation for both current and future physical and psychological damages, emphasizing the potentially long-lasting effects of such a "traumatic event."

The Montreal Convention, which came into effect in Israel in 2011, governs airline liability in international air travel. It holds carriers responsible for harm to passengers during flights, boarding, or disembarking. Israeli legal precedent, including a 1984 Supreme Court ruling related to the "Entebbe operation" hijacking, has established that terrorist acts can be considered "accidents" and that "bodily injury" can encompass psychological harm without requiring proof of physical trauma.

However, Pay cautioned that compensation is not automatic. Each claimant must prove the incident, their damages, and the causal link. The Montreal Convention sets a carrier's liability limit at 151,880 Special Drawing Rights (SDRs), approximately 630,000 shekels, for damages from an "accident." Beyond this limit, passengers can seek additional compensation if they prove the damage exceeds this amount, but the airline can then attempt to absolve itself by demonstrating a lack of negligence or fault. The airline can avoid liability if it proves that all necessary measures were taken to prevent damage or that such measures were impossible.