Drone accident injuries are becoming more common, and injury lawsuits will surely follow
With the growing popularity of drones for commercial and recreational use, we are also seeing an increase in drone crashes and accidents. In some cases, this can cause serious injuries to people who may be struck by the drone on the way down or by pieces of the drone flying out from the crash site.
One such drone injury accident took place in Pasadena on September 12. An 11-month-old baby girl was struck by shrapnel from a shattered drone as her mother pushed her down Union Street in a stroller. The shrapnel caused a large contusion on the child’s face as well as a small cut on the side of her head. While these injuries were not terribly serious, they were no doubt traumatic for the child and her mother. There could be a possibility that they would want compensation for the child’s medical bills and for both of their pain and suffering.
However, proving liability in a drone injury accident can pose some unique challenges, mainly because this whole area of law is still relatively new and we do not have a wealth of case law to drawn upon as we do with other types of accidents.
Even the Pasadena Police seem confused about what to do–in a press release the department stated that they have reported the incident to the Flight Standards District Office in Van Nuys, where officials are still trying to work out whether the drone operator violated FAA regulations before or during the accident.
Predictions for the Future of Drone Accident Injury Law
Drone accident injury claims are likely to play out similarly to claims for any type of injury resulting from negligence.
It will be necessary to determine who was operating the drone, which can be challenging if the drone is not clearly marked or if the operator does not run to the scene.
If the drone is being operated by a commercial company as part of a delivery service or photography service, the same principles that apply to accidents caused by commercial vehicles would likely apply to the drone accident: both the operator and the company could potentially be liable for the resulting injuries. From the victim’s perspective, commercial drones offer better potential for recovery because the corporation will almost certainly have insurance.
If the drone is being operated by an individual for recreational purposes, the situation would be a bit different. Though drone retailers now recommend that operators buy insurance against drone accident injuries, this insurance is by no means common. Lack of insurance could really limit the potential for recovery from an individual drone operator, but it does not mean the case is hopeless. In the hands of a skilled personal injury attorney who can creatively apply case law to this new type of accident, drone injuries could still be compensated fairly.
We will be watching this area of personal injury law carefully to see what develops.
