Flydubai Passengers Could Receive $210,000 Each in Compensation

Following the thwarted attempt by the co-pilot of flydubai flight FZ 1073 from Dubai to Tel Aviv to crash the aircraft last Wednesday, aviation law experts estimate that passengers could be entitled to compensation of up to $210,000, while other estimates reach $250,000, depending on the evidence and jurisdiction of potential claims.

Montreal Convention limits carrier liability to specific sums

Adv. Shay Ben-Haim, an attorney representing foreign airlines in Israel for over thirty years, explains that under section 21 of the Montreal Convention, an air carrier’s liability is limited to 151,880 special drawing rights, currently equivalent to $210,000 per passenger. This amount represents a liability ceiling rather than a fixed sum, requiring each passenger to prove the extent of their damage with evidence.

Adv. Ben-Haim adds that an airline may pay above this limit if the damage is greater and the carrier cannot prove the harm resulted from a passenger’s wrongful act, negligence, or a third party. Adv.

Jurisdiction and Class Action Prospects for Flydubai Passengers

Regarding mass claims, Ben-Haim suggests that class actions may face hurdles because damages vary from one passenger to another, making separate lawsuits potentially more worthwhile.

Israeli courts recognize terror incidents as aviation accidents

Israeli courts have established that terror incidents can qualify as “accidents” under aviation law. A key historical parallel cited by experts is the 1976 Entebbe hijacking of Air France Flight 139, where the Israeli Supreme Court later ruled that psychological harm alone could constitute bodily injury under international carriage frameworks, though that case was ultimately dismissed due to the two-year deadline.

The 1976 flight had departed Tel Aviv for Paris and stopped in Athens before hijackers forced it to land at Entebbe Airport in Uganda. A 1984 Supreme Court ruling, known as the Dadon precedent, found the hijacking was an “accident” and psychological damage was “other bodily injury.” This principle remained in force and was cited by a district court in 2022 in the Iberia v. Fleischer Peled case, where the court awarded compensation for emotional distress from delayed baggage.

In addition to airline lawsuits, Israeli citizens harmed overseas may seek state support through the Victims of Hostile Actions (Pensions) Law, 1970. Regev notes this track provides medical treatment, rehabilitation, and allowances from the National Insurance Institute for conditions such as post-traumatic stress disorder, provided the Ministry of Defense recognizes the event as a hostile action.

Frequently Asked Questions

What evidence is currently known about the co-pilot’s actions?

According to US network CBS, the evidence so far indicates that the co-pilot acted alone and was not associated with a terrorist organization or a state actor.

Can passengers sue if they suffered only psychological damage without physical injury?

Israeli precedent supports claims for psychological damage under the Montreal Convention’s accident track.

What alternative government support is available for Israeli citizens affected abroad?

The Victims of Hostile Actions (Pensions) Law, 1970 entitles eligible individuals to medical treatment, rehabilitation, and allowances from the National Insurance Institute if the Ministry of Defense recognizes the event as a hostile action.

How will the courts handle the varying degrees of trauma reported by passengers from the flight?

The incident involved 174 Israeli passengers, including dozens of minors.

More on this story: Passengers Overcame Pilot on Flydubai Flight, Israel Says · Flydubai flight FZ 1073 lands in Saudi Arabia after cockpit attack