legal liability of uav/drone operations cabaa atc seminar prairie landings october 30, 2015 david...
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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 | [email protected]
Camille N. Khodadad(312) 345-9600 | [email protected]