Flydubai Passengers May Claim Up To $210,000 Compensation

Passengers on Flydubai flight FZ1073 from Dubai to Tel Aviv may be eligible for compensation of up to $210,000, or approximately 600,000 shekels. This amount represents the airline's maximum liability, not a fixed payout, with the specific sum dependent on the proven damages, according to Globes.

Lawyer Shai Ben-Haim, who has over 30 years of experience representing foreign airlines in Israel, cited Article 21 of the Montreal Convention. This convention limits an air carrier's liability to 151,880 Special Drawing Rights, currently equivalent to about $210,000 per passenger. To receive compensation, passengers must prove the extent of their damages. In exceptional cases, compensation could exceed this limit if the airline cannot demonstrate that the cause was negligence or the unlawful actions of a third party or the passenger themselves.

Boaz Regev, a lawyer specializing in aviation law, highlighted that claims must be filed within two years of the incident. Passengers need to establish the occurrence of the incident, the resulting damages, and the causal link between them. Claims for severe psychological harm require a psychiatric evaluation. The Montreal Convention, implemented in Israel through the 1980 Air Transport Law, serves as the primary legal framework for these claims. Regev noted that the convention distinguishes between bodily harm from an "accident" on board, such as a hijacking or terror attack, and damages due to flight delays.

Israeli passengers can file lawsuits against Flydubai in Israel, as any foreign airline authorized to fly to Israel must have a local representative for service of process. If a third-party company sold the ticket, they may also be liable in certain circumstances. While class-action lawsuits are theoretically possible, legal experts suggest individual claims might be more effective due to potentially varying damages among passengers.

An alternative route exists under Israel's 1970 Law on Compensation for Victims of Hostile Actions. This law, applicable to Israeli citizens even for incidents abroad, provides for medical treatment, rehabilitation, and payments from the National Insurance Institute, including for psychological trauma like PTSD. However, this requires the Ministry of Defense to officially recognize the incident as a "hostile action," a determination contingent on investigation outcomes.