LeClairRyan aviation attorneys warn routine drone flights could be redefined as aerial trespass

LeClairRyan aviation attorneys have cautioned many routine drone flights could be redefined as “aerial trespass” under a law proposed by the Uniform Law Commission (ULC), the firm said.

The firm presented a webinar to more than 300 aviation and other professionals regarding implications of legislation regarding drone flights.

The Uniform Law Commission (ULC), which provides draft legislation for independent adoption by state lawmakers, rang alarm bells among many in the UAS sector when it discussed the so-called Uniform Tort Law last month at its annual meeting in Louisville, Kentucky.

The firm said aerial trespass is typically akin to nuisance law and requires proof of actual injury. The proposal would make all encroachment over another person´s land by UAS a form of trespass that conveys a presumption of damages, so long as the altitude of the flight was 200 feet or below.

The measure continues to be under discussion by the ULC, which plans to debate it further next year.

LeClairRyan provides business counsel and client representation in corporate law and litigation. In this role, the firm applies its knowledge, insight and skill to help clients achieve their business objectives while managing and minimizing their legal risks, difficulties and expenses.