Commercial unmanned aerial systems (UAS) operators and companies that employ them need to mitigate the risk of potential civil and criminal liability that could follow a UAS mishap, attorney Camille Khodadad, partner in Hall Prangle and Shoonveld, said last week at the Business Aviation Safety Summit (BASS) in Phoenix.
Citing a “trend to the criminalization of aviation accidents,” Khodadad noted that at least 26 states have passed laws regulating UASs, and municipalities are enacting additional rules beyond the FAA’s Part 107 FARs issued in December. Given current trends, “It’s highly likely your organization will get involved with UASs in the next decade,” Khodadad told attendees.
Among the suggested risk mitigation strategies: obtaining liability insurance for UAS operations; having an emergency response plan in place for accidents, as companies do for manned aircraft operations; ensuring all contracts with third-party providers of UAS services are vetted by an aviation attorney; and reviewing all federal regulations and applicable state and local statutes governing UAS operations. She noted FAA enforcement actions can also be costly. Earlier this year, the agency reached a $200,000 settlement with a drone company for illegal operations.