Compensation for Damages Concerning the Latest Blunder of Israeli Aviation
Question I:
Can passengers who had their flights canceled or delayed as a result of the “fuel problem” sue the airlines?
There are those claiming that passengers will be able to claim and collect damages ranging from NIS 3,000 to NIS 5,000 and in exceptional cases the compensation could even be NIS 10,000. This, they say, even if no failure will be found at the airport or at one of the aviation authorities.
Question II:
What could airlines have done to avoid? What will be the ruling if no reason is ever found?
The answer is still unclear and if the cause of this problem was an “error” by those responsible for the “fuel quality, etc.” the plaintiffs may be granted compensation as was the case in the past in similar cases.
The responsible party(s), such as the airlines companies, will have to prove they took every possible measure to avoid such a problem and if the prosecutors can prove that the airline did not do it all, those responsible will lose.
Question III:
Who could be found negligent? There are a few possibilities: airline companies, refineries, the governmental body regulating this area, pump stations, truck fleets and few others. This is a very complex legal question and we are still in “limbo” concerning the root of the problem.
In Israel it is well known that “we are always looking for someone to blame”. There are plenty of people to blame, but not yet.
A word of wisdom:
I think the discovery in this case will be very “problematic and intricate”. Proving that someone knew about this problem but did nothing will be even harder.
Perhaps no one was negligent, perhaps it was a case of Force Major and in that case no compensation will be issued.
It is too early to think about compensation and as I see it, the aviation lobby will work very hard to prove Force Major therefore it is not the right moment to do anything. Let’s wait and see what happen.
Sincerely,
Tzvi Szajnbrum, Attorney at law