Understanding Property Rights in the Age of Drone Technology
Drones have swiftly transformed from niche technology into everyday tools and are used for everything from photography and deliveries to surveillance and recreation. While drones offer exciting possibilities, they also pose a significant threat to privacy, blurring the lines between public airspace and private property.
With the ability to capture images and video from above, drones can easily peer into spaces that were once considered private, like backyards and windows, creating an unsettling feeling of being watched. For homeowners, this raises an important question: how can you protect your right to privacy and enjoyment of your property in the age of drone technology?
As drone technology continues to evolve, understanding your legal rights as a property owner is more important than ever. Fortunately, California laws provide several protections to safeguard your privacy and offer recourse against unauthorized drone activity that invades your space or disrupts your peace.
How Drones Can Invade Your Privacy
Drones can easily cross the boundaries of personal space, turning an innocent flight into a troubling invasion of privacy. When someone flies a drone over your neighborhood, it might seem harmless at first, but it can quickly become a nuisance if it hovers over homes and yards.
Equipped with cameras, drones can capture high-definition images and videos of private spaces like your backyard, pool, or even the inside of your home through windows. This kind of surveillance can create a deep sense of unease, as it violates your expectation of privacy in areas where you typically feel most secure.
Beyond the mere presence of a drone overhead, the continuous noise from its buzzing propellers can disturb the peace and quiet of your property, further diminishing your enjoyment of it. If the drone is operated repeatedly in the same area, it can make you feel as though you are being watched, stripping away your sense of control over your own space.
These invasions can quickly escalate from being an annoyance to a serious violation of your privacy, particularly if sensitive information or intimate moments are recorded.
Steps to Take to Deal with Invasive Drones
If a drone is repeatedly flying over your property, invading your privacy or disrupting your peace, there are several steps you can take to address the issue. While it might be tempting to take matters into your own hands, it’s critical to remember that damaging or shooting down a drone is illegal under federal law, as drones are considered aircraft. Instead, follow these legal and effective steps to deal with the problem:
Document the Drone Activity
The first step in addressing invasive drone activity is to gather evidence. Take note of when the drone is flying over your property, how often it occurs, and whether it is flying too close to private areas like your backyard. Use your phone or camera to photograph or record the drone in action, noting its flight patterns and any visible identification numbers if possible. This documentation can be invaluable if you need to file a complaint or pursue legal action.
Talk to the Drone Operator
If you can, try to identify who is operating the drone. In many cases, the drone pilot may be nearby, either operating it from the ground or monitoring its flight through a remote device. Once you identify the operator, talk to them, explain that their drone is flying over your property without permission, and request them to stop. Keep the conversation civil, as the operator might not be aware they are causing an issue.
Report the Activity to Local Authorities
If the drone continues to fly over your property even after you ask the operator to stop or if you are not able to identify the operator, contact local law enforcement. Invasion of privacy and trespassing are legitimate concerns and the police can investigate the drone’s activity. Depending on the situation, the drone operator could face legal consequences, particularly if they are using the drone to spy on you or gather private information.
Consult an Attorney
If the drone continues to invade your privacy, you should seek legal advice. An experienced attorney can help you understand your options under privacy, trespass, and nuisance laws. You might be able to file a civil lawsuit against the drone operator for damages, especially if the drone is capturing footage without your consent or causing a significant disruption to your peace and privacy.
If a Drone Operator Violates My Privacy by Flying Their Drone Repeatedly over My House, Can I Sue Them for Damages?
Yes, if a drone operator violates your privacy by flying their drone repeatedly over your house, you might have grounds to sue them and seek damages.
Legal Grounds for a Lawsuit
Invasion of Privacy
California Civil Code §1708.8 protects against the invasion of privacy using technology, including drones. If the drone captures images, video, or audio of you or your property where you have a reasonable expectation of privacy (such as in your backyard or inside your home), you have the right to file a civil lawsuit and seek damages.
Trespass
If the drone is flown repeatedly at a low altitude over your property, interfering with your enjoyment of it, you might have a claim for trespass. California law recognizes that property owners have rights to the immediate airspace above their land and unauthorized entry into this space may constitute trespassing.
Nuisance
If the drone’s repeated presence causes substantial and unreasonable interference with your use and enjoyment of your property (causing noise, distress, or fear of spying), you can file a nuisance claim under California Civil Code §3479. A nuisance can be either public (affecting a community) or private (affecting an individual).
Types of Damages You Can Seek
Compensatory Damages: These are intended to compensate you for any harm suffered as a result of the drone’s intrusion. They can include:
- Emotional distress or mental anguish (e.g., fear of being watched).
- Harm to privacy, especially if intimate or private moments were recorded.
- Diminished use or enjoyment of your property.
Punitive Damages: In cases where the drone operator acted willfully, maliciously, or recklessly in violating your privacy or trespassing on your property, you might be able to recover punitive damages. These are meant to punish the wrongdoer and deter similar behavior.
Statutory Penalties: For invasion of privacy under Civil Code §1708.8, you might also be able to recover statutory penalties of up to $50,000, in addition to actual damages.
Injunctive Relief: You can request a court order (injunction) to prevent the drone operator from flying their drone over your property in the future.
Apart from this, if you or any of your family members are injured in a drone accident, you can file a personal injury claim against the operator and seek compensatory damages for your medical expenses, any property damage that resulted from the drone accident, and any earnings you lost as a result of the accident.
Protect Your Property Rights with the Top Legal Team at Garmo & Garmo
In today’s world, drones have become increasingly common, but that does not mean you have to tolerate invasions of your personal space. If you are dealing with invasive drones flying over your property, the experienced attorneys at Garmo & Garmo, LLP, can help you protect your privacy and property rights. Whether a drone is capturing images or video without your consent, causing a nuisance with its frequent flights, or violating your peace and quiet, you have legal options to push back.
At Garmo & Garmo, LLP, our attorneys understand the complexities of California’s privacy, trespass, and nuisance laws and we know how to apply these protections to drone-related issues. We will thoroughly assess your situation, help you document any drone activity, and take swift action to stop further invasions. Whether it involves contacting local authorities, filing formal complaints with the FAA, or pursuing legal action against the drone operator, we will guide you every step of the way.
You do not have to tolerate the feeling of being watched or having your privacy compromised. Our legal team will fight to ensure that your rights are upheld and that any damages you have suffered are addressed. Call us today at 619-441-2500 or contact us online to schedule a consultation with one of our experienced attorneys.
