What to do if you’ve been injured by a drone

Personal Injury - April 15, 2025 by Horwitz, Horwitz & Associates

Drones have become increasingly popular for recreational, commercial, and even governmental use. While they offer convenience and entertainment, they also pose serious risks when operated negligently or violating safety regulations. Drone-related injuries are on the rise, and victims may be left wondering about their legal rights and options for seeking compensation.

At Horwitz, Horwitz & Associates, our Chicago personal injury attorneys help injury victims understand their rights under Illinois law. If you’ve suffered injuries caused by a drone, here’s what you need to know about liability, compensation, and legal steps you should take.

drone injuries

Steps to take after being injured by a drone

Do you suspect a drone operator’s recklessness caused your injury? Taking the right steps can strengthen your case and protect your legal rights.

1. Seek medical attention immediately

  • Even minor injuries can worsen over time.
  • Keep all medical records and treatment bills to support your claim.

2. Identify the drone operator

  • If possible, determine who was controlling the drone.
  • Ask witnesses for statements or check security cameras for footage.

3. Take photos and videos

  • Document your injuries, the drone, and the accident scene.
  • If the drone malfunctioned, preserve the wreckage as evidence.

4. Report the incident

  • If the drone was used commercially, report it to the FAA.
  • If the drone violated privacy laws, contact local law enforcement.

5. Contact a personal injury attorney

A drone accident lawyer can investigate liability, negotiate with insurance companies, and pursue compensation on your behalf.

Common injuries caused by drones

Drones may seem harmless, but they can cause severe injuries when they malfunction, are operated recklessly, or invade personal space. Some of the most common drone-related injuries include:

  • Head trauma and concussions – A falling drone can cause serious head injuries, especially for children.
  • Eye injuries – Drone propellers or debris can cause permanent eye damage or blindness.
  • Deep lacerations and burns – The spinning propellers and lithium-ion batteries in drones can cause severe cuts and burns upon impact.
  • Broken bones – A high-speed drone crash can knock a person over, leading to fractures.
  • Emotional distress – If a drone spies on someone or invades their privacy, it can cause significant emotional trauma.

You may have grounds for a personal injury claim if you’ve suffered any of these injuries due to a drone accident.

Who’s liable for injuries caused by drones?

Determining liability in a drone-related injury depends on who was operating the drone and how the accident occurred. Below are the four most commonly-implicated parties in drone injury cases.

1. The drone operator (Most common)

Under Illinois negligence laws, drone operators must exercise reasonable care when flying their drones. They may be liable if they:

  • Flew the drone too close to people, causing injury.
  • Lost control of the drone due to reckless or intoxicated operation.
  • Violated Federal Aviation Administration (FAA) drone regulations.

2. A business or organization

Many businesses use drones for photography, deliveries, or security surveillance. If a company-owned drone injured you, the business may be responsible for negligent operation or poor maintenance.

3. The drone manufacturer

If the drone malfunctioned due to defective parts, faulty software, or battery explosions, the manufacturer may be liable under product liability laws in Illinois (735 ILCS 5/13-213).

4. Government or law enforcement agencies

Drones used by law enforcement agencies must comply with Illinois’ Freedom from Drone Surveillance Act (725 ILCS 167/1). If a police drone injures a person due to improper use, there may be grounds for a civil rights or personal injury claim.

What compensation can you recover for a drone injury?

If a drone injured you due to someone else’s negligence, you may be entitled to compensation for:

  • Medical expenses – ER visits, surgeries, medications, rehabilitation.
  • Lost wages – If you were unable to work due to your injury.
  • Pain and suffering – Emotional trauma and long-term suffering.
  • Property damage – If the drone damaged your car, home, or personal belongings.

In extreme cases (such as intentional drone misuse or gross negligence), punitive damages may also be awarded to punish the at-fault party.

Illinois laws governing drone use

Illinois has strict laws regulating drone operations. If a drone injury resulted from illegal use, the operator may face additional penalties.

1. Illinois drone privacy laws

  • Illinois Freedom from Drone Surveillance Act (725 ILCS 167/1) restricts law enforcement agencies from using drones to surveil individuals without a warrant.

2. Illinois reckless drone use laws

  • Under Illinois Compiled Statutes (720 ILCS 5/48-3), it is illegal to use a drone to harass, stalk, or endanger others.

3. FAA regulations for drone operators

The Federal Aviation Administration (FAA) has established strict guidelines for drones, including:

  • No-fly zones (near airports, stadiums, government buildings).
  • Altitude limits (no higher than 400 feet).
  • Visual line-of-sight requirements (operators must always see their drone).

If a drone operator ignored these regulations and caused an accident, they can be held legally responsible.

How Horwitz, Horwitz & Associates can help

At Horwitz, Horwitz & Associates, we understand the unique legal challenges of drone-related injuries. Our experienced personal injury attorneys can:

  • Investigate the drone operator’s negligence and determine fault.
  • Collect evidence, including eyewitness statements and FAA reports.
  • Negotiate with insurance companies to secure fair compensation.
  • Take your case to trial if necessary to fight for justice.

We have successfully recovered millions for injury victims in Illinois and are prepared to fight for your rights. Call us today at (800) 985-1819 for a free consultation, and let our experienced personal injury attorneys fight for the compensation you deserve.