FlyDubai Passengers May Claim Up To $210,000 Each After Hijacking Attempt

Passengers aboard FlyDubai flight FZ1073, which experienced an attempted hijacking en route from Dubai to Tel Aviv, may be eligible to claim significant compensation from the airline, potentially up to approximately $210,000 per person. However, these payouts are not automatic. Each affected passenger must individually prove their damages and establish a direct link between the incident and the harm suffered.

The Montreal Convention, which governs the liability of air carriers, serves as the legal basis for such claims. According to lawyer Shai Ben-Haim, who has over 30 years of experience representing foreign airlines in Israel, Article 21 of the convention sets a liability limit of 151,880 special drawing rights, which currently equates to about $210,000 or 600,000 Israeli shekels.

This maximum limit does not guarantee every passenger will receive the full amount. The compensation awarded will depend on the nature and extent of the proven damages. In exceptional circumstances, claims could exceed this limit if the actual damages surpass the cap and the airline cannot invoke legal grounds to restrict its liability.

Aviation law specialist Boaz Regev noted that passengers have a two-year window from the date of the incident to file a lawsuit. To support a claim, individuals must provide evidence of the incident itself, the resulting damages, and the causal connection between them. Claims involving severe psychological consequences may require a psychiatric evaluation.

The Montreal Convention is implemented in Israel through the Air Transport Law of 1980, providing the primary legal framework for claims against airlines for bodily harm sustained during incidents like hijackings or terrorist acts. Israelis can file claims directly in Israel against FlyDubai, as foreign airlines operating flights to the country are required to have a local representative for service of process. In some cases, claims might be directed at the company that sold the ticket. While class-action lawsuits are possible, legal experts suggest individual claims are more appropriate given the varying impact on each passenger.

Beyond airline compensation, Israeli passengers may also be eligible for assistance under the Law on Compensation for Victims of Hostile Actions. This law, administered by the National Insurance Institute, can provide treatment, rehabilitation, and financial aid, including for confirmed psychological trauma such as post-traumatic stress disorder, even for incidents occurring abroad.