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Evolving Issues and Liability for Drone Usage

Evolving Issues and Liability for  Drone Usage

As new technologies develop and gain popularity, we watch as issues of risk and liability come into play. Drones are a prime example of new technology that has seen wildly increasing demand for both commercial and private use, but drone usage has also created a new field of problems and liabilities to consider.

Drone usage has transformed from military-based operation into one that’s becoming pivotal in a vast range of industries. We have seen their use in construction, real estate, insurance, agriculture, photography, delivery companies, government agencies, and more. They are not only rising in popularity in the commercial sector but are also in high in demand and easily accessible for private individuals.  Their uses seem infinite, but as drone use evolves and grows, they carry with them equally infinite liabilities to consider.

The growth in demand for drones has brought about a wide variety of concerns and risks ranging from hobbyists crashing drones into bystanders to agencies using them to collect information with malicious intent. The increase in drone activity includes calls for increased security and risk assessment and over time it has become clear that the increase in drone usage has brought about more drone-related incidents and disruptions, both accidental and purposeful.   There is also a potential danger of drone hijacking as well as issues in privacy and surveillance. Legal challenges and liability questions will come into play, especially with regard to drone usage in private spaces, the recording of personal information, personal injury, and property damage.

With respect to liability for issues caused by drone use, the current user of the drone will likely be the main entity facing liability.  However, liability could also extend to owners, manufacturers, programmers, and instructors when operation goes wrong. To protect yourself and your business from these liabilities, it’s important to continue monitoring drone regulation as it evolves and assessing risk factors. 

To protect yourself and your business, you may want to consider drone-specific insurance coverage.  Although this coverage is still developing, there are options that will cover drone usage over several potential areas of concern. Some companies have created policies to cover user liabilities based on third-party use, hijacking, and malfunctions, but we can expect more coverage to be created to assist manufacturers, programmers, and more. The details are sparse on such matters, and there currently does not appear to be any coverage that addresses privacy violations, trespassing, and other similar problems.

If you have questions or concerns related to drone usage and how it may affect you individually or your business, I am happy to help answer your questions. I will be keeping watch on these matters as more laws and regulations are created and will be updating from my blog here.

The information presented here is for general educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. 

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