Whether you are using drones or permitting the use of drones on your property, here are the legal considerations you need to know first.

• Is my use legal?
  • Federal Law governs operation of the drones and pilot requirements.
  • State Laws, to the extent they do not conflict with Federal Law, must also be adhered to.
  • Currently 41 states have state laws governing drones.
  • There has been state drone legislation every year since 2013.
  • State laws may govern privacy issue.
• Does the drone operator understand the federal AND state legal limits of the drone usage?
• Does the drone operator understand the non-drone specific laws that might impact the drone usage such as invasion of privacy/improper video recording type laws?
• Is the operator/pilot in command properly certified by the FAA?
• Will there be one or more Visual Observers / Spotters?
• Is there a plan for clearing the overflight area of people and keeping it clear during the drone flight?
• Have the proper pre-flight checks been done?
  • Drone condition.
  • Weather.
  • Location of people on the ground.
  • Other ground hazards.
• Has everyone involved been informed about:
  • Operating conditions.
  • Emergency Procedures.
  • Contingency Procedures.
  • Roles and Responsibilities.
  • Potential Hazards.
• Has proper insurance been obtained?
  • Some polities exclude coverage for unmanned aircraft.
  • Some policies partially include coverage.
  • Some provide coverage.
  • If you are using a drone, or permitting the use of a drone by others, you can not simply assume there is coverage under existing policies.
  • Raise the issue with your broker/agent and review the policies of those using drones on your property.
• Drone use should be logged.
  • Operators and their qualifications.
  • Visual observers and their locations.
  • The flight plan.
  • The pre-flight check.
  • Notifying everyone at the project site about the drone usage and the areas to avoid.
  • Obtain written permission to use a drone on someone else’s property.
  • Log the permission given to use the drone on your property (limits, dates, duration, etc.).
• 10 days to report certain accidents involving serious injury to any person or loss of consciousness or damage to any property over $500.
• Various states rules of evidence may preclude you from deleting drone video footage especially if it contains evidence related to a potential legal claim when there is a substantial chance of litigation (i.e. video of the drone colliding with a person or object that causes serious personal injury or property damage).