Drone-Related Injuries: New Technology Meets California Negligence Law

Drones are no longer the niche gadgets they were when they first hit the market – they now play an important role in photography, construction, real estate, recreation, deliveries, and more. However, the more drones become a common sight in California, the more accidents we’re likely to see. These accidents raise important questions, like who’s liable for accidents and how do victims fight for compensation?

Having a legal team that understands the intersection of technology and negligent use is crucial. Call McNicholas & McNicholas now.

How do drone accidents and injuries happen?

Drone accidents happen in many different ways; many of which mirror the risks you see with motorized devices. Common issues include:

• Loss of control
• Poor judgment during maneuvers
• Mechanical and software malfunctions
• Battery failure
• Sudden power loss
• Signal interference resulting in flyaways
• Collisions with people, buildings, vehicles, and animals

Because drones are often flown over people, a slight loss of control or miscalculation can lead to serious injuries.

Who may be liable after a drone-related injury?

Drone injury cases often have multiple potential defendants. Potential liable parties include:

• Drone operator
• Business or employer using (or requiring the use of) the drone
• Drone manufacturer or component supplier
• Maintenance or software provider

Figuring out who is liable for a drone collision requires an in-depth understanding of what happened, who was in control of the drone at the time of the accident, and how the technology works. This is why having an experienced personal injury lawyer advocate for you is so important.

Drone operator negligence under California law

Under California law, people can be held responsible for injuries caused by their negligence. While these statutes do not specifically call out drone operators, they do apply. If someone fails to exercise ordinary care or intentionally puts others in harm’s way, they may be held liable for resulting injuries.

The idea of “reasonable care” refers to an individual doing what any reasonable person could be expected to do in similar situations. Consider, for example, someone operating a drone in a storm. It loses power due to the bad weather and crashes into a car’s windshield, causing the driver to lose visibility and hit a tree. One might argue that a reasonable person would not be operating a drone in clearly dangerous weather and would take steps to recall the drone immediately upon knowledge of an impending storm.

Another example: someone is operating their drone during a parade to get footage. They hand it to their friend to let them try the drone, despite the friend having zero experience with drone operation. The friend promptly flies the drone into someone’s head, causing them serious injury. A personal injury lawyer may claim that both the drone owner and the inexperienced operator did not act in a reasonable way.

Different municipalities may have more restrictive laws regarding drone flights, so it’s important to also consult California state law and local law when pursuing a claim.

However, because drone usage involves the use of airspace, FAA regulations often come into play in these cases.

The role of FAA drone regulations

Drones are regulated by the Federal Aviation Administration. Issues governed by the FAA include:

• Drone registration
• Airspace and altitude restrictions
• Operational limitations
• Safety requirements 

FAA violations may be used as evidence of negligence and, in some cases, may support a negligence per se theory. Violating a federal law may be evidence of negligence.

Commercial vs. recreational drone use

Liability may be affected by whether the individual using the drone was using it recreationally or for work. This doesn’t mean that a recreational user is free to cause accidents and injuries without consequence; they are still expected to operate within the limits of their skill set and in a way that is reasonably safe.

However, those who are operating a drone as part of a business operation are generally expected to have more extensive training and corporate safety procedures in place. Additionally, even if a drone operator causes a crash, they may not be the only liable party. If they were working for their employer at the time of the collision, their employer may also be  liable.

Product liability and defective drones

Although many drone accidents are a result of user inexperience or error, that isn’t always the case. When a drone or drone component is unsafe, a defective product claim may be the next step. Drone defects usually fall into one of three categories:

• Design defects that make the drone inherently unsafe, no matter how carefully it is manufactured.
• Manufacturing defects that can make a drone unsafe even if it is properly and safely designed.
• Failure to warn, including inadequate instructions and a lack of safety warnings.

In these cases, if a drone causes an injury due to design defects, manufacturing defects, or a failure to warn, the parties liable for damages may include anyone in the chain of distribution of the product, including the manufacturers, designers, distributors, and retailers.

Privacy violations and drone injuries

Another issue often arising in these cases is privacy violations. Privacy liability may arise when drone use intrudes on a person’s reasonable expectation of privacy in an offensive manner. Depending on the circumstances, a crash on private property may raise trespass, negligence, or privacy concerns.

Explore your legal options after a California drone accident

Were you injured in a California drone accident? Make sure you choose an attorney who knows how to take on these complex cases. Reach out online or call us today to discuss your next steps.