Drone Accidents and Injuries: Legal Action You Can Take
In December 2024, multiple drones fell into a crowd during a drone show at Lake Eola in Orlando, Florida. In the midst of the chaos, a seven-year-old child was injured and hospitalized. The drone had struck his chest, requiring open heart surgery to try and save his life. As with any disaster, it begs the question—could this have been avoided?
As drones continue to grow in popularity for recreational, commercial, governmental, and entertainment use, the potential for accidents increases.
Accidents involving drones can lead to property damage, injuries, and even privacy violations, raising critical legal questions about liability and compensation.
Common Injuries Caused by Drones
Drone accidents can cause a range of injuries depending on the circumstances of the incident, such as the drone's size, speed, and the environment where the accident occurred. The most common injuries associated with drone accidents include:
Lacerations and Cuts
Drones crashing into people can lead to serious injuries. Propellers spinning at high speeds can cause deep cuts upon contact with skin.
Eye Injuries
Drones flying too close to bystanders or users losing control during operation, can lead to eye injuries if propellers or other parts of the drone strike the face or become disconnected.
Head and Facial Injuries
Pilot error, mechanical failure, or adverse weather conditions can cause a drone to fall from a height or collide with a person.
Burns
Overheating lithium-ion batteries or fires caused by malfunctioning drones can cause serious burns to operators or bystanders.
Fractures and Bruises
Drones losing power or colliding with individuals at high speeds during events or activities can cause broken bones and bruising.
Psychological Impact
Drones malfunctioning during crowded events or over private property can have serious psychological impacts on those affected, leading to fear or stress regarding unexpected drone crashes.
Hand and Finger Injuries
Direct contact with propellers while handling drones or during accidents when victims may put up their hands to protect themselves.
Secondary Injuries
Bystanders reacting to a drone crash or debris from an accident can also lead to trips, falls, or collisions with objects.
Common Types of Drone Accidents
Drones, or unmanned aerial vehicles (UAVs), are versatile devices, but their improper use can result in accidents. Here are some common scenarios:
Property Damage
Drones can crash into homes, vehicles, or other personal property due to pilot error, equipment failure, or adverse weather conditions. Damage to roofs, windows, and vehicles are frequent complaints.
Personal Injury
Drone blades can cause severe injuries if they collide with a person. Accidental crashes into crowded areas, such as parks or public events, can result in cuts, bruises, or more serious injuries.
Privacy Violations
Drones equipped with cameras can inadvertently or deliberately capture private moments or enter restricted spaces, leading to privacy concerns.
Commercial Disruptions
For businesses, drone accidents can interrupt operations, especially if the drone damages equipment or infrastructure.
Interference With Aircraft
Drones that enter restricted airspace or collide with manned aircraft pose significant safety risks and legal consequences for operators.
Drone Laws and Regulations
Drone usage in the United States is regulated primarily by the Federal Aviation Administration (FAA).
FAA Regulations
The FAA requires drone operators to adhere to specific rules, including:
- Registering drones weighing over 0.55 pounds.
- Keeping drones within the operator’s line of sight.
- Flying drones only during daylight hours.
- Avoiding restricted airspace, such as near airports.
State and Local Laws
Many states and municipalities have enacted laws addressing drone usage, including restrictions on flying over private property or sensitive areas like schools and government buildings.
Negligence Laws
Drone operators can be held liable under general negligence laws if their actions cause harm due to a failure to exercise reasonable care.
Product Liability
If a drone malfunctions due to a manufacturing defect, the manufacturer could be held liable for resulting damages or injuries.
Who Can Be Held Liable in a Drone Accident?
Liability in a drone accident depends on the circumstances surrounding the incident. Here are potential parties who may bear responsibility:
Drone Operator
The person controlling the drone is often the first to be held accountable. If the operator was reckless, negligent, or failed to follow FAA guidelines, they could be liable for damages.
Drone Manufacturer
If the accident was caused by a defect in the drone, such as a faulty motor or navigation system, the manufacturer could be held liable under product liability laws.
Third Parties
In some cases, third parties, such as drone rental companies or maintenance providers, may share liability if their negligence contributed to the accident. Event planners and hosts can also be held liable for synchronized drone shows that go wrong due to improper planning or a lack of safety checks.
Property Owners
If a property owner’s negligence, such as failure to warn of hazards, contributed to a drone crash, they might also be partially responsible.
What to Do After a Drone Accident
If you’ve been involved in a drone accident, prioritize your health and safety by seeking immediate medical attention. Drone injuries can be very serious, and you may have unseen issues that can worsen over time if left untreated. Your medical record will also serve as crucial evidence for a personal injury claim.
If you are able to before leaving the scene of the accident, gather evidence, including photos of the damage or injuries, drone registration information, and contact details of witnesses.
File a report with local law enforcement or the FAA if applicable. This creates an official record of the incident.
If possible, secure the drone involved in the accident. It may provide evidence of a malfunction or operational error.
Next, contact Morgan & Morgan. Our experienced personal injury attorneys can evaluate your case, identify liable parties, and guide you through the legal process.
Potential Compensation in Drone Accident Cases
Victims of drone accidents may be entitled to compensation for various types of damages, including:
- Medical Expenses: Coverage for hospital bills, medications, physical therapy, and future medical care related to injuries.
- Property Damage: Reimbursement for repair or replacement of damaged property.
- Lost Wages: Compensation for income lost due to time away from work while recovering.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life.
- Punitive Damages: In cases of extreme negligence or intentional misconduct, the court may award punitive damages to deter similar behavior.
Morgan & Morgan Can Help
If you’ve been affected by a drone accident, you don’t have to navigate the legal process alone. Morgan & Morgan has a team of experienced attorneys who can:
- Investigate the accident to determine liability.
- Gather evidence to build a strong case.
- Negotiate with insurance companies on your behalf.
- Represent you in court to secure fair compensation.
Our firm operates on a contingency fee basis, meaning you don’t pay unless we win your case. That’s right—the Fee Is Free™, and you only pay if we win your case or secure a settlement.
With decades of experience and a commitment to justice, we’re here to help you get the compensation you deserve.
Drone accidents are an emerging area of legal concern as technology continues to advance. Whether you’ve suffered property damage, personal injury, or a violation of your privacy, understanding your legal options is vital. By taking prompt action and consulting with a qualified attorney, you can protect your rights and seek the justice you deserve.
Contact us today for a free, no-obligation case evaluation to discuss your case. Let us help you take the first step toward recovery and accountability.
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