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Expert Witnesses Discuss Liability in Drone Accident Cases

Drone accidents occur when the person flying the drone loses control or is not as responsible for the movements as he or she should ensure when the machine flies over a private or public space. When an incident occurs, an expert witness may need to discuss the liability matters with the courtroom, so the matter is better understood.

Drones are machines that have a flight mechanism that supports the device in the air. There are some that have cameras, audio recording parts and similar features. Many drones have a use in finding a person or thing without traveling to the location. Commercial users purchase drones for the fun of flying the machine around. Sometimes, the drone will crash for one reason or another, and in rare instances, the drone will harm a person. If the blades lacerate the flesh of another individual, this could lead to a lawsuit for compensation in medical bills, pain and suffering and any lack of work for the recovery period.

Drone Liability

Some drone accidents are not the fault of the driver that purchased the item. The items may have a defective part, material or the entire drone is possesses a flaw. In these situations, the expert witness may need to prove
that the defendant is responsible for the incident and owes damages to the victim of the incident. The discussion about the liability factors is important to the courtroom in recognizing the defect or problem with the drone. A distributor or merchandising agent could also hold some responsibility in paying out monetary compensation for the injury.

Drone Defects and the Injury

Some issues that cause the problem begin with either manufacturing or distribution of the drone. The expert witness may need to explain about defects, how they cause problems and if a defective batch, part or design cause the injury in the claim. The professional may need to break down a design blueprint for the judge or jury panel and show where the defect exists. Other issues such as inferior materials or too much of only one resource or too little of another substance may cause the drone to drop before it should. Malfunctions in the electronic remote control could lead to the drone flying in the wrong direction.

The injury that the drone may cause is not always a physical harm to a person. If the person flying the drone has some form of audio or video surveillance attached, he or she could invade the privacy of a private domain or a company. This could reveal trade secrets, record private and confidential conversations or invade the property of an owner within his or her home. If the owner of the drone does this often, he or she could face serious charges in both criminal and civil courts. However, the injury to the company or person generally requires compensation in a cease and desist, compensation or another remedy.

Connecting Liability

The expert witness may have a harder task of connecting liability to the defendant when no defect exists, no problem with the drone is found or if the accident has no discernable association with the manufacturer or distributor. However, through analyzing the blueprints for design issues, checking for electrical malfunctions and reviewing the fly patterns, the expert may determine that the accident doe shave a source that points to a responsibility with the defendant. The professional will need to discuss these matters with the courtroom and reveal any details through average wording to remove any confusion.

An important task for the expert is discussing and detailing the liability matters with the courtroom so the judge or jury may find a connection between the injury and the defendant. Proving liability is essential, and this may increase chances of acquiring damages owed to the plaintiff. When the accident occurs with a specific person, his or her actions may demonstrate to the court that he or she is fully responsible for harming the victim. With consultation information provided by other witnesses, registration agencies, and even surveillance taken from the drone, it is possible to prove which party holds the responsibility for
the incident.

The Drone Accident Expert Witness

To remain on the case, an expert witness needs to prove that his or her testing and reports are relevant and reliable. With a background in electronic devices, computers and machines, the professional may have both experience and knowledge sufficient to discuss the drone accident with the judge or jury and inform the courts sufficiently.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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