Who Is Liable When a Drone Crashes Into a Construction Crane?
Key Takeaways:
- Liability in a drone crash depends on what the drone operator is doing and what the crane operator is doing.
- The employers of crane and drone operators, drone manufacturers, and contractors may also share in some of the liability.
- The party liable in a drone crash accident can be responsible for property loss and personal injury damages.
Construction workers are familiar with the hazards and risks associated with their job. Construction involves heavy and sophisticated equipment. But in recent years, the rise of consumer drones has introduced a new element of potential danger in the construction industry.
In the unlikely event that a drone crashes into a construction crane and results in damage or injury, understanding liability becomes crucial. If you have questions about liability after a construction accident, talk to a construction accident attorney for more information.
Who Is Responsible in a Crane and Drone Accident?
Drones, also known as Unmanned Aerial Vehicles (UAVs) or Unmanned Aircraft Systems (UAS), are exploding in popularity in various industries, including construction. They can:
- Conduct aerial surveys
- Conduct site inspections
- Monitor Progress
- Capture high-quality images
As drone usage increases on construction sites, the potential for accidents and collisions with construction equipment, such as cranes, is a growing concern.
If a UAV crashes into a crane on a construction site, determining liability can be difficult. Liability can depend on who was doing what, when they were doing it, and how they were doing it. The contract between the parties or contracts with the general contractor or subcontractors may also shift liability.
When Is a Drone Owner or Operator Responsible for a Crash?
The person operating the drone bears primary responsibility for its safe operation. Additionally, a commercial drone’s owner might bear some responsibility. There are generally two types of liability for a drone operator:
- Negligent operation: A drone operator found to have operated a UAV negligently or who failed to follow construction safety guidelines could be liable for any damage or injuries. Depending on the size of the drone, the Federal Aviation Administration (FAA) or law enforcement may also investigate the accident.
- Lack of training: If the drone operator piloted the UAV without the proper skill or certification, they may be found liable. The drone’s owner may also share liability here if did not provide the required training.
Is the Crane Operator Responsible?
The crane operator also plays a critical role in ensuring their crane’s safe operation on the construction site. Their actions may impact liability considerations:
- Presence on the site: If the crane operator knew or should have known that the UAV was going to be flying around the construction site and operated the crane anyway, the operator might face liability.
- Awareness and response: The crane operator’s awareness of the drone’s presence and their ability to respond appropriately to the situation can influence liability. If the operator fails to take evasive action when they could have, it might affect their liability.
Liability of the Construction Company
Construction company site management may also be liable for drone and crane crashes, depending on the type of accident. If a drone is going to be operating on site, management must put proper safety protocols in place and ensure proper supervision.
Site management is also responsible for complying with federal, state, and local laws and regulations for site safety. This includes complying with drone operation regulations. Failure could lead to liability.
Filing a Claim Against the Drone Manufacturer
In some cases, the drone’s manufacturer may share liability if a product defect or malfunction contributed to the accident. If a drone had manufacturing defects that caused it to malfunction or lose control, the manufacturer might be held liable for resulting damage or injuries.
How Do You Prove Negligence?
Negligence is a foundational concept in determining liability in accidents involving drones and construction cranes. The elements of negligence in a personal injury case include:
- Duty of care: The drone operator or drone pilot and other parties involved have a duty of care to ensure that their actions do not harm others.
- Breach of duty: One of these parties breached their duty of care. This could include operating a drone recklessly, failing to take evasive action as a crane operator, or not implementing proper safety protocols.
- Causation: The breach of duty directly caused the accident. In this case, it would mean proving that someone’s negligent actions led to the collision.
- Damages: Finally, to pursue a lawsuit, you must have suffered damages. This includes property damage, medical expenses, lost wages, and pain and suffering.
How Can a Lawyer Help?
If you ever find yourself in a situation where a drone has crashed into a construction crane, you should talk to a construction accident lawyer. If there are fatalities, serious injuries, or a crane collapse, legal responsibility can be expensive. A construction attorney will provide you with legal guidance.
Your attorney will conduct a thorough investigation into the circumstances surrounding the accident, gather evidence, and interview witnesses. Your lawyer can negotiate with liability insurance companies and the responsible parties to ensure you receive fair compensation for any injuries or losses resulting from the accident.
If a settlement cannot be reached, an attorney can represent you in court, advocating for your rights and seeking compensation through litigation.
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