Drone technology has taken off in South Carolina, literally. From wedding photography to agricultural surveillance, drones are now part of everyday life. But their increasing use has also led to a rise in accidents and legal disputes.
What happens when a drone crashes into a car, hits a person, or invades someone’s privacy? Who is legally responsible?
This guide explores drone accident liability in South Carolina and what you need to know if you’re injured or being accused.
Understanding Drone Laws in South Carolina
What you should know about federal and South Carolina’s regulations:
Federal Regulations
Most drone regulations come from the Federal Aviation Administration (FAA). Key rules include:
- Drones weighing more than 0.55 pounds must be registered.
- Operators must fly below 400 feet and keep the drone within line of sight.
- Drones cannot be flown over people, near airports, or at night without proper waivers.
Commercial operators must also pass the Part 107 certification test. Violating these rules can not only result in federal penalties but can also factor into a personal injury or property damage case.
South Carolina Regulations
South Carolina does not currently have statewide drone laws, but local ordinances exist in certain cities and counties. For example, Charleston and Columbia have restrictions on flying drones in public parks and over public events. Operators should always check for local regulations before flying.
Common Causes of Drone Accidents
Drone-related incidents happen more frequently than many realize.
Common causes include:
- Pilot Error
Misjudging wind speeds, flying too close to people, or losing control due to inexperience.
- Technical Malfunctions
Faulty batteries, GPS interference, or software glitches may cause crashes.
- Environmental Factors
Birds, trees, or sudden wind gusts can cause even a well-operated drone to go off course.
- Negligent Operation
Flying in restricted areas, ignoring no-fly zones, or failing to perform routine checks before takeoff.
These situations can result in physical injury, damage to vehicles or buildings, and even invasion of privacy.
Who Is Liable for a Drone Accident?
Understand who can be liable in any kind of drone accident.
Operator Liability
If a drone operator fails to follow FAA rules or acts recklessly, they can be held liable for the resulting damages. This includes scenarios like flying too close to people or over private property without permission.
Owner Liability
If the drone operator isn’t the owner, say a friend is borrowing it, the owner may still be held responsible, especially if they knowingly handed the drone over to someone inexperienced or underage.
Manufacturer Liability
Sometimes, an accident occurs due to a defective drone. If poor design, battery failure, or a malfunctioning GPS caused the crash, the manufacturer may be liable under product liability laws.
Injuries and Damages in Drone Accident Cases
If you are injured or your property is damaged by a drone, you may be entitled to compensation for:
- Medical expenses (emergency care, surgeries, therapy)
- Lost wages if you missed work due to your injuries
- Pain and suffering, especially for serious or permanent injuries
- Property damage (vehicles, windows, roofs, etc.)
- Emotional distress from privacy violations or trauma
Every case is unique, and damages depend on the severity of harm and the circumstances of the incident.
Filing a Claim After a Drone Accident in South Carolina
Steps you should consider, filing a claim for a drone accident:
Step 1: Gather Evidence
After the accident, collect as much information as possible. Take photos of the drone, injuries, and damaged property. Get names and contact info of witnesses.
Step 2: Report the Incident
If the damage exceeds $500 or involves serious injury, report it to the FAA. You may also file a police report, especially if the drone operator violated local laws.
Step 3: Seek Legal Representation
Drone liability is a relatively new area of law. A qualified personal injury attorney in South Carolina can investigate the facts, determine fault, and ensure your claim is filed within the state’s 3-year statute of limitations.
Special Considerations: Drone Use by Businesses
Drones are frequently used in commercial settings across South Carolina, including for real estate photography, agricultural monitoring, construction inspections, and delivery services. When a business deploys drones as part of its operations, issues of employer liability may come into play.
Under South Carolina law, a company can be held legally responsible if an employee causes a drone-related accident while performing job duties.
This liability becomes even more significant if the employer failed to properly train the drone operator or neglected necessary equipment maintenance. In such cases, the business may be directly accountable for resulting injuries or property damage.
Preventing Drone Accidents
Whether you’re flying for fun or for profit, here’s how to stay safe:
- Get FAA-Certified
Especially important for commercial use.
- Inspect Your Drone
Check batteries, rotors, and GPS before each flight.
- Avoid Crowded or Restricted Areas
Don’t fly over highways, parks, or near airports.
- Know Local Rules
South Carolina municipalities may have specific bans or flight zones.
- Use Safety Features
Return-to-home and obstacle avoidance tech can help prevent crashes.
Prevention goes a long way in reducing legal exposure and protecting others from harm.
FAQs About Drone Accidents in South Carolina
Q1: What should I do if I’m injured by a drone in South Carolina?
A: Seek immediate medical attention, take photos of your injuries and the drone, and contact a personal injury attorney to explore your legal options.
Q2: Can I sue a drone operator for flying over my backyard?
A: Possibly. If the drone captured video/audio without consent or repeatedly flew over your property, you may have a case for invasion of privacy or trespass.
Q3: Is drone insurance required in South Carolina?
A: No, but it’s strongly recommended, especially for commercial operators. Some companies or venues may require proof of liability insurance.
Q4: Who’s responsible if a child is injured by a recreational drone?
A: The adult operating the drone, or the parents of a minor operator, may be liable if negligence was involved.
Q5: Can I be sued if my drone crashes into someone’s car or house?
A: Yes. You could be liable for damages, especially if the crash resulted from pilot error or a rules violation.
Conclusion
Drone-related accidents are becoming more common in South Carolina, and understanding liability is essential for both drone operators and victims. Whether the issue is property damage, bodily injury, or privacy invasion, legal remedies are available, but acting quickly is key.
If you’ve been involved in a drone accident or want to know your rights, consult with a South Carolina personal injury attorney who understands the evolving laws in this area.
Injured by a Drone in South Carolina? Max Hyde Law Firm Can Help.
If you’ve been hurt or suffered property damage due to a drone accident, don’t wait to understand your rights. At Max Hyde Law Firm, we help victims navigate complex liability laws and pursue the compensation they deserve. Call us at (864) 804-6330 or contact us online to schedule your free consultation today.
