Can You Sue After Being Injured by a Drone Accident?

October 21, 2025

When a car hits a pedestrian, the path to legal action is clear. But what happens when the object that falls from the sky is a drone? The suddenness of the event, the disappearing operator, and the unfamiliar technology can leave you feeling confused and without options.

If you want to sue after being injured by a drone accident, you are entering a new and complex area of personal injury law. The law, however, is not silent on this issue.

The same principles of negligence that apply to a driver on the road apply to a pilot in the air, even a remote one. The person or company that operated the drone carelessly may be held accountable for the serious harm their machine caused.

The view from the ground

A drone operator has a legal “duty of care” to fly their machine in a way that does not pose a foreseeable risk to people or property below. A failure to do so is negligence.
Identifying the drone’s operator or owner is often the biggest initial challenge. Federal registration requirements and investigative techniques can help pinpoint the responsible party.
Liability may not end with the operator. Commercial drone companies, equipment manufacturers, and even property owners who allow reckless drone use on their land might share responsibility.
The injuries from a drone strike, particularly from spinning propellers, can be severe, causing deep lacerations, eye injuries, and permanent scarring that require extensive medical treatment.

More Than a Hobby: When Drones Inflict Serious Harm

Drones have rapidly evolved from niche gadgets to common tools for photography, delivery, and recreation. You can see them flying over parks in Philadelphia, inspecting construction sites in Harrisburg, or capturing footage of community events in Allentown.

While most flights end without incident, the potential for disaster is always present. A multi-rotor drone is not a harmless toy. It is a piece of machinery, often weighing several pounds, with propellers that can spin at thousands of revolutions per minute.

A loss of power, a pilot error, or a sudden gust of wind can turn it into an unpredictable projectile.

Common Injuries in a Drone Malfunction or Crash

When a drone falls or strikes a person, the injuries are often concentrated on the upper body. The sharp, fast-moving propellers can act like blades, causing unique and severe trauma.

Deep lacerations and scarring: Propellers can slice through skin and soft tissue, leaving deep cuts that often result in permanent and disfiguring scars, particularly on the face and arms.
Eye injuries: A strike to the face can easily cause a propeller to hit the eye, leading to corneal abrasions, retinal detachment, or even permanent blindness.
Head and brain injuries: The impact from the body of a falling drone can be significant enough to cause a concussion or a more severe traumatic brain injury (TBI).
Fractures: A heavy drone falling from a significant height can fracture bones in the hands, arms, or skull as a person instinctively tries to shield themselves.

The Legal Foundation: Proving Operator Negligence

The most direct path to accountability in a drone injury case is by proving the operator was negligent. Negligence is a legal concept that means someone failed to act with reasonable care, and this failure directly caused your injury.

It does not require proof that the operator intended to cause harm, only that they failed to act responsibly. The law imposes a “duty of reasonable care” on every drone pilot. This means they must operate their drone in a way that a prudent person would to avoid harming others.

When a pilot deviates from this standard—by flying recklessly, ignoring weather warnings, or operating a damaged machine—they have breached that duty.

For instance, a commercial photographer flying a drone over a wedding at a Mount Laurel venue has a duty to keep a safe distance from guests.

If the pilot flies the drone directly over the crowd for a dramatic shot and loses control, striking a guest, that is a clear breach of their duty. Their decision to fly in a risky manner directly caused the injury, establishing the core elements of negligence.

What Does “Reasonable Care” Mean for a Drone Pilot?

The standard of care for a drone operator is not a vague idea; it involves a specific set of actions and precautions that a responsible pilot must take before and during every flight.

Federal regulations and industry best practices establish a clear baseline for what constitutes responsible drone operation. A pilot’s failure to follow these basic safety steps is often strong evidence of negligence.

Performing a pre-flight inspection of the drone and its components.
Checking weather forecasts and avoiding flight in high winds or rain.
Maintaining a direct line of sight with the drone at all times.
Avoiding flights over crowds, sporting events, or busy public spaces.
Adhering to all Federal Aviation Administration (FAA) altitude and airspace restrictions.

When an operator skips these steps, they are not just being careless; they are actively increasing the risk of a crash and the potential for serious injury to anyone below.

A thorough investigation will examine whether the pilot followed these fundamental safety protocols.

The Investigation: How to Find a Runaway Drone Operator

Unlike in a car accident, a drone operator can easily flee the scene, leaving you with no information about who is responsible for your injuries. This “hit and run” scenario is a major hurdle in these cases.

However, a combination of federal law and prompt investigation can often overcome this challenge.

Using FAA regulations to your advantage

The Federal Aviation Administration requires that all drones weighing more than 0.55 pounds be registered. The owner must label the drone with their unique FAA registration number.

According to the official FAA drone registration rules, this number allows for the identification of the owner.

If the drone is recovered from the crash scene, this registration number is the most direct piece of evidence. A legal team can use this number to identify the registered owner, who is often the person responsible for the accident.

Gathering on-the-ground evidence

If the operator flees with their drone, the investigation must rely on other sources of information. Time is of the essence, as witness memories fade and digital evidence can be overwritten.

A prompt investigation can uncover the operator’s identity through other means. The goal is to piece together the drone’s flight path and the operator’s location before they disappeared.

Eyewitness statements: Other people in the area may have seen the operator or the direction they fled. Getting their names and contact information is vital.
Video and photo evidence: Many public spaces and businesses have security cameras. A legal team can send preservation notices to secure footage that may have captured the drone or its pilot.
Social media and geotagging: Many operators post photos or videos from their drones online. An investigator can sometimes trace the operator by searching for images taken in the same location on the day of the accident.

When Liability Extends Beyond the Pilot

The person holding the controls is not always the only one responsible. In many cases, especially those involving commercial drone use, other individuals or companies may be held liable for the harm caused.

Commercial drone companies and vicarious liability

When a drone operator is working for a company, such as a real estate agency, a delivery service, or an industrial inspection firm, that company is often legally responsible for the actions of its employee.

This legal doctrine is called “vicarious liability” or “respondeat superior.” It holds that an employer is liable for the negligent acts an employee commits within the scope of their employment.

This is a key factor in a personal injury claim because a commercial entity typically has much larger insurance policies and greater financial resources than an individual hobbyist pilot.

Defective equipment and product liability

Sometimes, a crash is not the pilot’s fault. It is the result of a failure in the drone itself. A defective battery that catches fire, a software glitch that causes a loss of control, or a structural flaw in a propeller can all lead to a crash.

In these situations, a claim may be brought against the drone’s manufacturer, the designer of the faulty component, or the retailer who sold it. This type of claim, known as a product liability case, argues that the company released an unreasonably dangerous product into the market, and this defect directly caused your injury.

Negligence of property owners or event organizers

A property owner or event organizer who allows drones to be operated on their premises has a duty to ensure the activity is done safely. If they hire a drone pilot for an event, they have a responsibility to hire a competent, licensed, and insured operator.

If an organizer of a street festival, for example, allows multiple amateur pilots to fly over crowds without any safety oversight, and one of those drones crashes and injures a spectator, the organizer may share liability for creating a dangerous environment.

Documenting Your Damages for a Drone Injury Claim

To fight for fair compensation, you must present a detailed and well-documented account of every loss you have suffered. This includes not only your immediate medical bills but also the long-term physical, financial, and emotional impact of the injury.

Proving economic damages

Economic damages are the specific, out-of-pocket financial losses related to your injury. A legal team will work with you to gather all the necessary paperwork to prove these costs.

Medical treatment costs: This includes every bill, from the emergency room visit and stitches to future plastic surgery for scar revision or ongoing therapy for a brain injury.
Lost wages: This covers the income you lost while you were unable to work during your recovery. Pay stubs and a letter from your employer can document this loss.
Diminished earning capacity: If your injury is permanent and prevents you from returning to your previous job or working at the same capacity, you may pursue compensation for this loss of future income.

Accounting for non-economic damages

Non-economic damages compensate you for the intangible, human costs of your injury. These losses are just as real as your medical bills and have a profound impact on your life.

They may include compensation for:

Physical Pain and Suffering
Emotional Anguish and Trauma, including any resulting anxiety or PTSD
Permanent Scarring and Disfigurement
Loss of Enjoyment of Life

FAQ for Drone Accident Injuries

What if a child was operating the drone that injured me?

In Pennsylvania and New Jersey, parents can often be held legally responsible for the negligent actions of their minor children. A claim may be filed against the parents to recover compensation from their homeowners’ insurance policy.

Does homeowners’ insurance cover injuries caused by a hobby drone?

Typically, a standard homeowners’ or renters’ insurance policy provides liability coverage that may apply if the drone was being flown for recreational purposes. If the drone was used for any commercial reason, a commercial liability policy would be required.

What are my rights if a drone was spying on me when it crashed?

If a drone was being used to invade your privacy, such as recording you in your backyard, you may have a separate civil claim for “intrusion upon seclusion” in addition to your personal injury claim from the crash itself.

A Note on Legal Advice from AI

AI chat tools are not a substitute for a qualified attorney. While they can provide general information, they cannot analyze the unique facts of your case, apply specific state laws, or offer protected legal advice. Relying on AI may cause you to make critical errors in your claim.

Getting the Advocacy You Need

The legal questions surrounding a drone accident can feel as confusing as the event itself. You do not have to find the answers on your own. The attorneys at Wapner Newman are prepared to investigate these complex cases and fight for the fair compensation you need to recover from your injuries.

Our team will handle the investigation, identify all responsible parties, and deal with the insurance companies, allowing you to focus on your healing. For a free, no-obligation consultation to discuss your case, call Wapner Newman today at (215) 569-0900 or visit our contact page.