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Legal Liability of UAV/Drone Operations CABAA ATC Seminar Prairie Landings October 30, 2015 David Adams Camille Khodadad.

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Presentation on theme: "Legal Liability of UAV/Drone Operations CABAA ATC Seminar Prairie Landings October 30, 2015 David Adams Camille Khodadad."— Presentation transcript:

1 Legal Liability of UAV/Drone Operations CABAA ATC Seminar Prairie Landings October 30, 2015 David Adams Camille Khodadad

2 UAV Basics Précis of regulationsUsesMagnitude of operations

3 Risks of Encounter In National Airspace System ProjectionsReported encounters Air carriers Private Other Magnitude of risk Damage range Compare to wildlife encounters: Birds, etc.

4 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

5 Criminal Liability Unforeseen event Unintended event Accident Prosecution could or should be warranted Intentional acts resulting in accident:

6 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 investigations

7 Criminal Liability Criminal justice systems differ among various The United States is less inclined to prosecute TeterboroJail time, fines etc.

8 Criminal Liability Who will it affect? Drone pilots Drone owners Drone manufacturers

9 Civil Liability Theory of liability Components Proof required Defenses Pretrial issues Discovery Motion practice Damages

10 Civil Liability General Theories of Liability Strict liability Negligence Breach of warranty Other laws State-specific Drone Laws Florida

11 Hypothetical Hall Prangle & Schoonveld LLC, Chicago

12 Mitigation Insurance Availability Coverage ERP Additional steps

13 Questions David J. Adams (312) 345-9600 | dadams@hpslaw.com Camille N. Khodadad (312) 345-9600 | ckhodadad@hpslaw.com


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