Flying Drone

[Jonah Salvatore]

So I was out flying my phantom 4 over a lake minding my own business. There were some kayakers that had come in from the lake and had docked at the near by boat launch. Husband and wife must have been, I over heard the lady say "if that thing comes near me I am going to hit it out of the sky" as a safe drone pilot I never flew it over there heads nor bothered them as they were paddling about. My question is if she did indeed hit my drone and caused it to fall in the water what type of legal action can I take if any? The only thing that I could thing of was possibly the noise was bothering them which they never came to me an told me to stop. Thanks for any feedback!

 

[Deleted member 62848]

So I was out flying my phantom 4 over a lake minding my own business. There were some kayakers that had come in from the lake and had docked at the near by boat launch. Husband and wife must have been, I over heard the lady say "if that thing comes near me I am going to hit it out of the sky" as a safe drone pilot I never flew it over there heads nor bothered them as they were paddling about. My question is if she did indeed hit my drone and caused it to fall in the water what type of legal action can I take if any? The only thing that I could thing of was possibly the noise was bothering them which they never came to me an told me to stop. Thanks for any feedback!

Assault no one got any right to make contact, you should have replied "it's OK I'm the police"

 

[Jonah Salvatore]

Hahah

 

[Alan-G]

Just tell them to Fxxxx Off

 

[deltamike]

Just tell them to Fxxxx Off

But not if he is build like a brick out house

 

[BriG]

We all get them - I was out the other day filming an old mine and as I went over the main stack a couple came out and thanked me for ruining their nice quiet lunch. I in turn thanked them for ruining my shot and wished them a pleasant afternoon lol

 

[macoman]

We all get them - I was out the other day filming an old mine and as I went over the main stack a couple came out and thanked me for ruining their nice quiet lunch. I in turn thanked them for ruining my shot and wished them a pleasant afternoon lol

Lol... When you think there is nobody on it, them suddenly these two came out to harass you.

 

[BriG]

Lol... When you think there is nobody on it, them suddenly these two came out to harass you.

Yup - just popped up from nowhere and I scouted the area first too.

 

[msinger]

My question is if she did indeed hit my drone and caused it to fall in the water what type of legal action can I take if any?

If you were intentionally flying your drone close enough to where she could reach out and hit it, then you'd surely be doing something pretty dangerous. After hitting your drone out of the sky, she might then be taking legal action against you.

 

[Jonah Salvatore]

No I wasn't flying near them at all

 

[msinger]

Right -- but, had you been (like you mentioned above), you might be in a bit of trouble right now.

 

[Mimoid]

Dronophobia. We all encounter that from time to time. It is an irrational fear, just like fear of spiders or insects. Just keep calm, they are doing as good as they can, given their knowledge limitations.

The sad part is when governments and national orgnizations are allowed to create laws, restrictions and regulations based on nothing but this irrational phobia.

 

[ftttu]

Here in Texas if that happened, the person could be charged with criminal mischief at a level of the price of your drone, but that charge is only if the person damaged/destroyed it intentionally and/or knowingly. If the person damaged/destroyed it recklessly, they would be charged with reckless damage. The culpable mental state for reckless damage is "reckless" so it is easier to prove, but it is a Class C misdemeanor(ticket level) - the lowest level misdemeanor.

Also, you can sue them for damages or have them pay willingly.

 

[msinger]

Here in Texas if that happened, the person could be charged with criminal mischief at a level of the price of your drone, but that charge is only if the person damaged/destroyed it intentionally and/or knowingly.

I'm no lawyer, but it seems like there could be some kind of harassment charge involved if a pilot knowingly flew a Phantom within arm's length of someone not involved in the flight (even more so if that stranger was yelling at the pilot beforehand). If someone ran after the Phantom or shot it out of the sky, then the story might be a little different.

 

[jwmcgrath]

I can't see it being any different than someone saying "if you drive near me in this parking lot I'm going to kick your car".

But I'm no lawyer either.

 

[ftttu]

I'm no lawyer, but it seems like there could be some kind of harassment charge involved if a pilot knowingly flew a Phantom within arm's length of someone not involved in the flight (even more so if that stranger was yelling at the pilot beforehand). If someone ran after the Phantom or shot it out of the sky, then the story might be a little different.

I'm just responding to the OP's question of what legal action could be taken. I'm not looking at it from the kayaker's point of view. Also, our harassment statute doesn't cover this type of incident.

 

[JWH]

Since the F.A.A. required us to register the drones, then they are legally considered aircraft. Therefore, it becomes a federal crime.