Drones are much debated as weapons of war and due to privacy issues. Drones are also now under development for package delivery. This paper examines the potential liability associated with the domestic use of drone aircrafts and offers solutions for drone liability. This paper also examines potential drone liability through the lens of existing trespass causes of action and other applicable laws such as nuisance and negligence. Furthermore, this paper analyzes the legality of shooting down a drone for self-defense and discusses the minimum insurance requirements for drones.Australian readers will turn to Des Butler's 2014 'The Dawn of the Age of the Drones: An Australian Privacy Law Perspective' noted here and to 'Drone danger: Remedies for damage by civilian remotely piloted aircraft to persons or property on the ground in Australia' by Pam Stewart in (2016) 23 Torts Law Journal 290.
Stewart comments
Civilian use of drones (Remotely Piloted Aircraft: RPA) in Australian skies is increasing at a dramatic rate. Whilst there is a strict regulatory framework in which RPA operate, they have the capacity to cause significant damage to persons or property on the ground. This article evaluates the availability and scope of statutory and common law remedies for such damage demonstrating a complex matrix of potential accountability. Statutory strict liability under Damage by Aircraft legislation does not apply uniformly to all RPA with the definition of RPA as ‘aircraft’ the crucial determinant. Where the statutory remedy is unavailable, common law causes of action must be relied upon with the statutory safety regulations providing assistance in establishing liability. The article demonstrates that it would be appropriate for legislators to ensure uniform application of the strict liability regime to all RPA and for compulsory identification and insurance of RPA.The House of Representatives Standing Committee on Social Policy and Legal Affairs 'Eyes in the sky: Inquiry into drones and the regulation of air safety and privacy' report was noted here.
