Legal Liability of UAV/Drone OperationsCABAA ATC SeminarPrairie LandingsOctober 30, 2015David AdamsCamille Khodadad

UAV Basics

Précis of regulations

Uses

Magnitude of operations

Risks of Encounter In National Airspace System

Projections

Reported encounters• Air carriers

• Private• Other

Magnitude of risk• Damage range

• Compare to wildlife encounters: Birds, etc.

Range of Legal Issues

Constitutional Law

Payload and Cargo Specific

Safety and Reliability

Privacy Torts and Trespass

Security and Information Assurance

Administrative / Airspace Integration / Airspace Operation

Product Liability, Risk and Insurance

Civil Liability and Criminal Culpability

Criminal Liability

• Unforeseen event• Unintended event

Accident

• Prosecution could or should be warranted

Intentional acts resulting in accident:

Criminal Liability

Frequency of aviation

accidents has declined

Yet, frequency of

criminal prosecution is on the rise

1956-1999: 27 criminal investigations of aviation

accidents

2000-2010: More than 28

criminal investigation

s

Criminal Liability

Criminal justice systems differ among various

The United States is less inclined to prosecute

Teterboro

Jail time, fines etc.

Criminal Liability

Who will it affect?

• Drone pilots• Drone owners

• Drone manufacturers

Civil Liability

Theory of liability• Components• Proof required

• Defenses

Pretrial issues• Discovery

• Motion practice

Damages

Civil Liability

General Theories of

Liability • Strict liability• Negligence• Breach of

warranty• Other laws

State-specific Drone Laws

• Florida

Hall Prangle & Schoonveld LLC, Chicago

Hypothetical

Mitigation

Insurance • Availabilit

y• Coverag

e

ERP Additional steps

QuestionsDavid J. Adams (312) 345-9600 | dadams@hpslaw.com

Camille N. Khodadad(312) 345-9600 | ckhodadad@hpslaw.com