CBA Record Nov-Dec 2019


were open for public comment through January 2019. ISO is currently reviewing comments and making adjustments. After the ISO finishes making adjustments and the final version of the standards is released, it is anticipated that they will be adopted by the USA, the UK, and elsewhere through- out the world. The standards had not yet been finalized as of the time of publication; information on their status can be found on the ISO website at committee/5336224.html. Other Considerations Other commercial drone use liability con- siderations include potential tort liability, respondeat superior for a third party drone operator; interference with privacy / nui- sance claims; trespass; negligence per se in violation of FAA regulations; contract language including indemnity clauses; and insurance coverage. Drone operators have been sued in civil court and have also faced criminal charges in the past few years. See Blessing, Wedding Drone Crash Leads to Guests’ Lawsuit , The Eagle-Tribune, Dec 16, 2016; Miletich, Pilot of Drone That Struck

flight restrictions and can be useful in identi- fying if a particular property is in a restricted fly zone. This allows a commercial drone operator not to have to memorize all of the above federal, state, and local restrictions as they are contained in this practical, visual tool. There is also a user-friendly mobile app called AirMap for Drones. Industry Standards Along with federal and local laws, new in- dustry standards that will affect commercial drone operators have been introduced in 2019. The International Standards Organi- zation (ISO) released ISO / TC20 / SC16 in November of 2018. These standards seek to unify international drone standards, as some countries have robust drone laws (USA, Canada and South Africa); some countries have no drone laws; and some countries (Cuba, Barbados, and Saudi Arabia) ban drones altogether.( Dukowitz, No Flying Allowed: The 15 Countries Where Drones Are Banned , UAV Coach, June 29, 2018.) The proposed standards focus on data security, air safety, privacy, and facilitating UAV implementation. These standards

Woman at Pride Parade Gets 30 Days in Jail , Seattle Times, Feb 24, 2017.) Further- more, insurance coverage has been denied for a drone incident based on an aircraft exclusion in the policy. See Philadelphia Indem. Ins. Co. v. Hollycal Prod., Inc. , No. EDCV18768PASPX, 2018 WL 6520412 (C.D. Cal. Dec. 7, 2018). Companies using drones should keep in mind the following five considerations to proactively protect themselves from liability and potential exposure: 1. Compliance with FAA regulations; 2. Knowledge of local ordinances and in- dustry regulations; 3. Installation of policies and procedures for employees and third party vendors; 4. Inclusion of contract language seeking to shift liability to another party whenever possible; and 5. Confirmation of insurance coverage. Brett Geschke is a member of SmithAmund- sen’s litigation team, and Co-Chair of the Chicago Bar Association’s Law & Debate Club.


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