The Use of Drones Can Cause Lawsuits For Personal Injuries

Although most people indeed use them responsibly, some drone pilots do not follow the respective rules and harm others. That is why many victims have wondered “Can I receive compensation for injuries caused by drones? What do I have to do to achieve it? “

Note: In this article, the words “drone” and “remotely piloted aircraft system” are used synonymously because “drone” is the accepted term, and “remotely piloted aircraft system” is what the law uses to facilitate understanding by international readers.

ARE THERE LAWS REGULATING THE USE OF DRONES?

Yes. Different laws in Canada regulate the safety and common sense behaviors that drone users must have, but most of the compelling legislation to address drone injuries are found within the Canadian Aviation Regulations.

Below are several articles from this set of laws that show that receiving compensation for the irresponsible use of drones is possible:

1. “No person shall operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or may endanger the safety of aviation or the safety of any person.” (900.06 Under Part IX – Remotely Piloted Aircraft Systems)
2. “A pilot operating a remotely piloted aircraft system shall immediately cease operations if the safety of aviation or the safety of any person is in danger or is likely to be in danger.” (901.16 Under Part IX – Remotely Piloted Aircraft Systems)
3. Any drone pilot must pay “Up to 15,000$ [as fines] for endangering airplanes and people”. (Canadian Transportation)

So, the Law clearly states that all people who pilot a drone recklessly must answer to the Law and the victim for what they have done.

Even the above-mentioned citations of the law give the idea that a person can make a claim if someone is “likely to be endangered” or if a drone “may endanger the safety of any person”.

If the law punishes even when someone’s life could be in danger, is it not logical to think that it will also support a claim where there were injuries?
Furthermore, injuries caused by drones could be related to other causes of injuries that are already clearly established in the Law.

For example, the Canadian Aviation Regulations, under which the use of drones is governed, states that drones must not carry materials that cover personal injury from defective products, such as corrosive, explosive, flammable, or bio-hazardous elements.

IS THERE ANY WAY TO CLAIM COMPENSATION FOR INJURIES CAUSED BY A DRONE?

Although the Insurance Information Institute (III) says that “Liability covers you against claims for bodily injury or property damage that you or your family members cause to others,” most standard insurance policies do not cover the use of drones.

However, as is well known, the Penal Code establishes that if one person harms another even through negligence, they must answer for their actions. And although personal injuries are civil claims, they also take negligence into account as a relevant factor.

In fact, injuries caused by drones have a similar origin to those caused in a car accident. For instance, the Canadian Aviation Regulations say that a person would be guilty of negligence if they pilot a drone:

• Without the proper certificate.
• In an emergency zone.
• “Within 12 hours after consuming an alcoholic beverage.”
• “Under the influence of alcohol”, or
• “Drug damage.” [901.19: 2 (a) (b) (c) respectively]

Therefore, Canadian law is the only way to claim compensation for injuries caused by drones as it establishes that the responsibility of the drone pilots does not lie behind the remote control they are using.

In short words, the insurer will not be liable for injuries caused by a drone, so the only way to make a claim is to speak directly to the aggressor, and this is possible because the law supports it.

Thus, the question is: “If the Law is the only way to claim for injuries caused by drones, which lawyer (legal expert) should I choose to handle this case?”

WHICH LAWYERS CAN HELP RESOLVE A CASE INVOLVING DAMAGE AND PERSONAL INJURY FROM DRONE USE?

Personal injury lawyers along with aviation legal advisors can represent any victim who has suffered for someone else’s actions. It is the job and duty of personal injury lawyers Edmonton to get everyone, even those injured by drones, the justice they deserve.

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