Can I Sue if a Drone Flies Over My Property?

You can sue if a drone flies over your property, but occasional flyovers are generally not enough to file a lawsuit. Federal law regulates drones as aircraft and protects drones operating in public airspace. However, if drone operators interfere with your use of the property, record video in private areas, or use drones to harass you, you can report the incidents to police and take civil action to stop further drone invasions.

Before you take action to stop a drone from flying over your property, contact an attorney for legal advice. To understand your legal options when drones fly over your property, talk to a personal injury attorney.

Can Drones Fly Over Your Property?

Property owners do not want drone operators flying drones over their property. You may not know what the drone pilot is doing, who is operating the drone, or whether they are recording video. Unfortunately, aviation regulations allow most drones to fly over your property as long as they stay within visual line of sight and do not pose safety hazards, cause property damage, or operate in a no-fly zone.

The Federal Aviation Administration (FAA) regulates unmanned aircraft systems, which include drones. A recreational drone weighing 250 grams or more generally must be registered with the FAA, while recreational drones flown at night must meet applicable lighting requirements. Recreational drones can operate in uncontrolled airspace below 400 feet, as long as drone flyers do not endanger people or property or interfere with other aircraft.

Property owners have some legal protections when drones invade their private space, primarily under state privacy laws and private property protections. Property owners can file a trespassing or nuisance claim against drone operators.

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State and Local Drone Privacy Laws

Even if FAA rules allow drones to fly in national airspace, state and local laws may restrict when drone hobbyists can fly their craft over your private land. State laws that restrict drones operating over private property can include:

• State privacy laws
• Anti-stalking laws
• Anti-peeping laws
• Wiretapping laws

Several states have passed laws prohibiting drone operators from capturing images or recordings of individuals on private property when it violates their reasonable expectation of privacy.

In some states, privacy violations are a criminal offense, and a few states also provide a private cause of action to recover civil penalties.

Drone Voyeurism Can Be a Criminal Offense

States may also have specific voyeurism or peeping tom laws that prohibit recording the insides of residential properties or businesses where occupants have an expectation of privacy. Drone voyeurism is a criminal offense.

For example, California Civil Code prohibits using drones to capture video, photos, or sound recordings of people engaged in private activities on private property when they have a reasonable expectation of privacy. Civil fines for drone privacy violations can range from $5,000 to $50,000.

California also provides for criminal liability for using an unmanned aircraft system to view or record the interior of a bedroom, bathroom, changing room, or area where the occupant has a reasonable expectation of privacy. A first California conviction for this form of voyeurism is generally punishable by up to six months in county jail, although enhanced penalties can apply in specified circumstances.

Indiana makes remote aerial voyeurism a Class A misdemeanor. Drone voyeurism is a misdemeanor, but if the drone operator publishes the private images, the offense becomes a felony.

State wiretapping laws may also limit when drones can record audio when people have an expectation of privacy. States with two-party consent laws require all parties to consent to confidential audio recording. A drone operator who records audio conversations without consent may violate criminal wiretapping laws.

Reporting the Drone to Police

Before taking action against a drone, report the drone activities to local law enforcement. Peeping tom and drone voyeurism laws are criminal offenses. Only the state or local government can prosecute criminal charges. If the drone operator is convicted of a criminal drone privacy violation, you can use their criminal conviction as evidence to support your civil privacy violation claim.

Reporting violations to the police also creates a record of drone activity that you can later use in a personal injury lawsuit as evidence to support your case. The police also have more resources to detect, document, and identify drone operators, so you know who to name in your civil lawsuit.

File a Civil Lawsuit for Drone Harassment

Property owners have limited legal options to stop drones from operating over their property. Occasional flyovers are not enough to file a trespassing or nuisance claim.

A trespass claim does not require proof of actual damages, although recovery may be limited to nominal damages when no harm is shown. Property owners can sue for damage caused by the intrusion on their property or loss of use. Most drone operations do not cause property damage or injury. However, a property owner can get injunctive relief in a trespass lawsuit to stop the drone from operating over their property.

For a private nuisance claim, the drone operation must interfere with the property owner’s right to quiet use and enjoyment of their land. A few flyovers are generally not enough to be considered a nuisance. However, if a drone operator repeatedly flies close to people on the property and significantly interferes with their activities, it could constitute a nuisance.

Gather Evidence of Drone Activity

Before filing a civil lawsuit against the drone operator, gather evidence of the drone activity over your property. Record video and photos anytime you see a drone over your property. You can also record any drone incidents, with the time and date, to show a pattern of harassment or interference.

Federal law prohibits jamming or taking down a drone, but you can use drone-detection technology to track drone activity over your property and identify the owner.

Can I Shoot Down a Drone Over My Property?

You cannot shoot down a drone over your property, even if you think it is trespassing or invading your privacy. The FAA regulates drones as aircraft. Shooting down a drone violates the Aircraft Sabotage Act, with criminal penalties including up to 20 years in prison.

Taking down a drone with a pellet gun, bow and arrow, or even a rock qualifies as damaging, destroying, or disabling an aircraft, punishable under federal law. Similarly, signal jamming to take down a drone is also against the law and could expose you to federal criminal charges.

Get Legal Advice About Drones Invading Your Privacy

State and federal laws regulating drones are far behind the technology. Creepy neighbors can use drones to try to spy on you and your family while hiding behind federal drone protection laws. Contact law enforcement if you think a drone pilot is spying on you or your family. If the police won’t do anything, you can try to get a protection order or injunction to stop them from flying over your property.

Contact a local personal injury lawyer for legal advice about stopping drones from flying over your property.