Flydubai Passengers May Sue for Up to $210,000 After Foiled Attack

Passengers aboard a recent Flydubai flight, on which an attempted attack was thwarted, may be eligible for compensation of up to $210,000 per person, according to aviation law experts. Attorney Shi Ben Haim explained that under the Montreal Convention, an airline's liability is capped at 151,880 Special Drawing Rights (SDRs), equivalent to approximately $210,000 USD today. This limit serves as a ceiling, requiring passengers to prove the extent of their damages with evidence. Airlines can be liable for amounts exceeding this cap if they cannot prove the damage resulted from the actions of third parties or the passenger themselves.

Attorney Boaz Regev noted that lawsuits must be filed within two years of the incident due to a short statute of limitations. Proving the event, the damage, and the causal link between them is essential, with psychiatric evaluations required for significant emotional distress. The Montreal Convention, incorporated into Israeli law via the Air Transport Law, is the sole avenue for suing airlines, superseding standard tort claims. The convention covers damages from 'accidents' during flight, which include hijackings and terror attacks, as well as damages from delays.

Regev cited a case where a couple successfully sued Iberia for non-pecuniary damages like emotional distress under the delay provision, even without physical injury. While the Supreme Court left open the question of compensation for purely psychological harm under the 'accident' provision, Israeli legal precedent, predating the convention, has recognized such claims. Passengers can sue Flydubai in Israeli courts because both the departure and destination countries are parties to the Montreal Convention, and airlines operating in Israel must have a representative to accept legal documents. Suits can also be filed in the destination country or, in cases of bodily injury, the passenger's country of residence.

While a class-action lawsuit might be possible, Ben Haim suggested it could face challenges due to the varying damages experienced by each passenger, making individual claims potentially more suitable. He acknowledged, however, that a court could still approve a class-action request. The article also draws a parallel to the Entebbe operation, where a delayed lawsuit against Air France for psychological damages stemming from the hijacking was dismissed due to the statute of limitations, though a judge at the time suggested an Israeli court might have ruled differently if filed within the two-year window.

Additionally, Israeli residents injured in terror attacks abroad may be eligible for benefits under the Law for the Compensation of Victims of Hostile Actions, which provides medical treatment, rehabilitation, and compensation from the National Insurance Institute, including for psychological disability, provided the incident is recognized as an 'act of hostility' by the Ministry of Defense. This avenue does not preclude a lawsuit against the airline.