The Drones: Regulatory, Privacy, Product Liability, & Insurance Issues Every Firm Needs To Know
The rapid and continuous growth of drone technology is paving the way for tremendous opportunities for businesses. However, these opportunities don’t come without risks. Manufacturers, distributors & retailers should mull over the various complex product liability issues which may arise along the way. Since the exponential proliferation of drone use in the marketplace will dramatically change the legal landscape of product liability, insurers, manufacturers, and service providers must be prepared for the risk exposure that concurs with this technology.
It would be wise for defense counsel to keep themselves abreast of Federal Aviation Administration regulations and developments. They should also monitor lawsuits for drone liability issues and how they are resolved.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help businesses understand the fundamental and complex aspects of Drone Product Liability. They will also provide an in-depth discussion of the best risk management practices.
Key topics include:
- The Growing Drone Industry – An Overview
- Drone Product Liability Exposure Risks
- Product Liability Coverage
- Best Risk Management Practices
- Regulatory Forecasts
The McLauchlan Law Group, LLC
- Drones and their potential commercial uses
- Agriculture: crop inspection and analysis
- Utilities: pipeline inspection
- Real Estate sales and maintenance assessments
- 3D Mapping
- Law Enforcement
- The ever-changing landscape and evolution of federal drone regulations
- Since December of 2015 all drones, except very small toys, must be registered with the FAA
- For commercial operations drone pilots must be certified: take classes and pass aeronautical knowledge written examination, basic physical for driver’s license, make application and be reviewed and approved by TSA
- Recurrent training required every 2 years.
- Operations must be below 400’ agl, line of sight, not over unprotected people or crowds.
- Operations must be in daylight hours plus one hour before and one hour after sunset.
- No flight in protected airspace without ATC clearance.
- Flight is not permitted within 5 miles of an airport without a clearance.
- State regulation of drone activities
- A number of states have enacted Drone regulations
- Some states have enacted laws curbing law enforcement use of drone technology against potential criminal defendants; unlawful search.
- The proliferation of state regulation raises the issue of Federal Pre-emption in this area now that Part 107 has been enacted.
- Until these issues are resolved operators and their clients will need to be aware of local and state regulation of drones.
- Drones, product Liability law, and how to mitigate potential claims
- Discussion on potential manufacturing and design defects and failure to warn claims
- Insurance issues:
- Insurance is not required by U.S. regulation (insurance is required for operations in Canada and some other foreign countries) for commercial operations.
- Customary business practices, however, will require operators to be insured, to indemnify clients and to name their customers as “additional insureds” in the operator’s coverage.
- Drone specific coverage is available from major carriers such as AIG.
- Also specialty insurers have entered this space writing packages of drone related insurance but not all such providers cover all risks (ie exclusions for personal injury and advertising liability; some have exclusions for electronic failures)
- One insurer provides coverage on an hourly basis based upon specific operations; coverage is activated through the insurer’s App.
- Risk Assessment:
- Proximity of manned flight operations; nearest airports
- People and property exposed to UAV operations
- Experience and training of UAV vendor and operator
- Need for proper documentation of the flight, all operations and maintenance.
- Warnings, notice and permission: need for waiver from FAA
- Exposure to operations of others: signage and placards.
- Privacy Concerns:
- Flight over private land
- Landing and taking off on private land without permission
- The expectation of privacy.
Who Should Attend:
- Lawyers and Attorneys (Aviation, Litigation, Product Liability, Insurance)
- FAA Regulators
- Aircraft Insurance Officers
- Aviation Risk Specialists
- Corporate Aviation Officials
- Drone Manufacturers
- Commercial Drone Pilots
- Drone Hobbyists
- Interested Parties
Danny Vogel is an associate in Wilson Elser’s White Plains office. He focuses his practice on product liability, general liability and insurance coverage matters. He primarily handles litigation matters and is experienced in all phases of discovery, motion practice and depositions. Fluent in several languages, Danny represents manufacturers of all sizes headquartered in the United States and abroad. He has handled cases involving a variety of products, including table saws, circular saws, boats, industrial appliances and forklifts, and cases involving alleged security guard negligence and slip and falls. The cases he handles alternate between state and federal court and are not limited to New York State. Other projects include reviewing and revising various agreements and contracts and conducting 50-state surveys on various legal issues. In addition, Danny has drafted multiple articles analyzing the emergence of drones and the legal issues that surround them. He earned a Licenciatura and Master en Derecho, (J.D. equivalent degree) from Esade, Facultad de Derecho in Spain and his LL.M. from Fordham University School of Law in New York.
Danny Vogel is an associate in Wilson Elser’s White Plains office. He focuses his practice on product liability, general liability …
Mr. McLauchlan is a highly respected business advisor, litigator and trial lawyer. He has practiced law for over 30 years and concentrates his practice in business counseling and in resolving complex business disputes through mediation, arbitration and when necessary through business litigation. David has counseled all manner of businesses both large and small and successfully resolved matters involving insurance, reinsurance, construction law, intellectual property, mergers and acquisitions, unfair business practices, aviation law, product liability, property damage and claims related to asbestos containing products and environmental coverage issues. He has mediated, arbitrated and tried cases across the United States including trying cases before State and Federal Courts and in private arbitrations serving as lead trial counsel and Appellate counsel. Throughout his career he has successfully managed large litigation teams and served as a mentor and leader to numerous young litigators who are now successful partners, managing partners, and corporate law department executives. His litigation expertise and professional regard has been recognized by the Leading Lawyers Network, Illinois Super Lawyers, Best Lawyers in America and he is AV peer rated by Martindale Hubbell. He is a Fellow of the Litigation Counsel of America and a Fellow of the American Academy of Alternative Dispute Resolution.
Mr. McLauchlan is a highly respected business advisor, litigator and trial lawyer. He has practiced law for over 30 years …
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Method of Presentation:
Experience in aviation law, product liability or insurance
NASBA Field of Study:
Specialized Knowledge - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Wilson Elser
Wilson Elser, a full-service and leading defense litigation law firm, serves its clients with nearly 800 attorneys in 30 offices in the United States and one in London. Founded in 1978, it ranks among the top 200 law firms identified by The American Lawyer and is included in the top 50 of The National Law Journal's survey of the nation's largest law firms. Wilson Elser serves a growing, loyal base of clients with innovative thinking and an in-depth understanding of their respective businesses.
About The McLauchlan Law Group, LLC
The McLauchlan Law Group LLC was founded by David C. McLauchlan, a former partner in the international law firm of Locke Lord LLP. The firm focuses on the representation of small businesses and entrepreneurs in all aspects of their business endeavors including mergers and acquisitions, aviation law, business formation and operations, contract disputes, insurance and reinsurance law, intellectual property law and the resolution of disputes through mediation, arbitration and litigation. The firm has been recognized by U.S. News & World Report as one of the Best Law Firms in Illinois.