Injury From Drone Accidents: Who Is Liable for the Damages?

Posted on by in Product Liability

You may be casually walking in your own front yard or park and a drone comes crashing down on you; drones can fail and crash into people or harm them in some way. When this happens the parties who may be held responsible for the injuries include:

If the drone was flying too close, or in a reckless or another negligent manner, then the operator can be held responsible if they injure you.

  • The operator's homeowners' insurance may pay for preventable injuries inflicted by them, but this depends on their policy
  • Users may have liability insurance as, today, most retailers will recommend it when purchasing a drone

When companies manufacture and sell defective products that seriously injure or even kill people, you can use tools such as lawsuits to hold those corporations accountable for their actions.

Yet companies frequently do whatever they can to make sure the courthouse doors are not open to people injured by their wrongdoing. Because this area of law is still evolving, it is especially important that you speak with an experienced personal injury attorney.

Drone-Related Injuries in Miami, FL

If you happen to be hit by a drone that malfunctioned, you could suffer serious injuries. Injuries from drone accidents can range from:

  • Lacerations and cuts to
  • Serious head and neck injuries

The spinning blades that keep a drone in the air are sharp and can cause serious harm. If a drone operator loses control of the drone, the machine can crash at any time. A drone flying as fast as a car runs can have dangerous and potentially deadly consequences. Head injuries are always serious and require medical attention because the extent of the damage is not apparent to the naked eye.

There are many instances where the improper handling of drones has injured people. Some of the most notable cases where when:

  • A wedding photographer crashed his three-pound drone into the faces of two guests during a wedding reception.
  • An infant lost his eye as a result of the spinning blades coming into contact with his face after a neighbor lost control of a drone

Drones Are Considered Aircraft

Miami is one of the major cities that has approved drone laws. Yet, while drones may not fly as high as airplanes or other aircraft, they are still an aircraft product and face Federal Aviation Administration (FAA) regulations. The FAA has regulations that prevent the flying of drones over people without permission from the government.

Some in Congress are attempting to draw a legislative line between where the FAA control of the national airspace ends and local control begins. One question unresolved by the regulations governing the commercial use of drones is the extent to which federal law preempts state and local laws governing drone use. What's wrong with federal regulations preempting state law in drone injury cases?

The issue of whether the FAA's regulations preempted the branch of state tort law known as products liability law might sound too technical. However, it has potentially far-reaching effects on both the level of product safety that you enjoy and your ability to access the courts to vindicate your rights and hold corporations accountable for unacceptably dangerous actions and dangerous products.

  • Federal and state regulatory agencies should address harmful corporate behavior or products, yet offer protections that are often not stringent enough or that are poorly enforced. This may enable scofflaw companies to endanger the public.
  • State tort law offers you a critical avenue to seek compensation for your injuries. The application of state tort law standards can lead to the demand for greater care by individuals and corporations in the actions they take and the products they produce while promoting greater responsiveness to the public.

Many aircraft manufacturers are eager to avoid the accountability mechanisms that the civil justice system affords. Accordingly, they have attempted to use pending cases to argue that relevant federal regulations serve to preempt state tort law, thereby blocking individuals who have been injured by defective aircraft or their parts from pursuing their products liability claims in court. For these manufacturers, this result is desirable because the applicable federal regulations tend to impose comparatively smaller compliance costs due to their relatively weak requirements and because resource-strapped federal agencies engage in haphazard enforcement.

It's important for policymakers to find ways to preserve the role of state tort law in promoting drone safety. When permitted to function effectively, the civil justice system complements and reinforces the FAA's work in developing drone safety in several meaningful ways.

Injured by a Drone in Miami? Contact The Law Offices Of Sean M. Cleary

When drone crashes involve faulty parts or poor manufacturing practices, victims and their families can seek justice in the most effective ways possible. At The Law Offices of Sean M. Cleary, we understand that drone injury can have catastrophic consequences.

We are committed to providing you with comprehensive legal support and advocacy. We work hard to:

  • Determine who may be held responsible for the accident
  • Help you get the full and fair compensation you deserve

Call us for a consultation with an expert Miami drone injury lawyer.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.