Business Drone Use: Managing Risk and Insurance Coverage

A commercial drone flying over an industrial building, with icons representing risk management, insurance coverage, and FAA compliance.

A proactive client of ours that I visited last week took the initiative to have their roofs inspected to see if any needed to be cleaned, repaired, or even replaced. Rather than risking the life of one of his own employees to climb up onto them—some of them are steep—or choosing to hire a roofer to do so, he decided to buy a drone.

It was pretty slick. It used automation to video to fly back and forth to cover a grid and stitch together a complete image to look at in detail and determine. When finished, it flew back towards the operator to resume control and land. The only issue was that the operator did not know his left from its right. He could not decide whether to watch the screen to land, or use his own eyes. A vehicle in the parking lot paid the price of his indecision.

As businesses across industries—from real estate and agriculture to logistics and media—increasingly adopt drones for applications like aerial photography, delivery, and inspections, they must navigate evolving risks and secure appropriate insurance coverage. While drones enhance operational efficiency and innovation, they introduce liability, regulatory, and cybersecurity challenges. This article outlines key risks, insurance strategies, and compliance measures for businesses integrating drones into their operations.

Key Risks in Commercial Drone Operations

  1. Third-Party Liability
    Businesses risk liability for property damage or personal injury caused by drone malfunctions or operator error. For example, a delivery drone colliding with a vehicle could result in costly claims.
  2. Product Liability
    Defective drones or components may lead to accidents. While manufacturers often bear responsibility, businesses may face scrutiny if they neglect equipment maintenance or select substandard models.
  3. Regulatory Non-Compliance
    Violating federal or local drone regulations can trigger fines or legal action. The Federal Aviation Administration (FAA) mandates Part 107 certification for commercial operators, registration for drones over 0.55 lbs, and adherence to airspace rules.
  4. Privacy Violations
    Drones equipped with cameras risk capturing sensitive data or intruding on private spaces, potentially leading to lawsuits. For instance, a real estate drone filming a neighboring property without consent could violate privacy laws.
  5. Cybersecurity Threats
    Drones are vulnerable to hacking, which can compromise control systems or expose collected data. A hacked inspection drone leaking proprietary information could harm a business’s reputation.

Essential Insurance Coverage

To mitigate these risks, businesses should consider:

  1. General Liability Insurance
    Covers third-party bodily injury and property damage. Example: A drone crashing into a client’s window during a photography session.
  2. Professional Liability Insurance
    Protects against claims of negligence, such as improper data analysis from a drone survey.
  3. Hull Insurance
    Covers physical damage to the drone itself. Policies often include theft or flyaway protection, with premiums typically around 10% of the drone’s value.
  4. Cyber Insurance
    Addresses data breaches or ransomware attacks targeting drone systems. Example: A hacked agricultural drone exposing crop yield data.
  5. Commercial Combined Policies
    Tailored packages bundling liability, equipment, and privacy infringement coverage. Limits can exceed $25 million for high-risk industries like energy.

Regulatory Compliance

  1. FAA Part 107 Certification
    Required for all commercial drone pilots in the U.S. Operators must pass an exam on airspace rules, weather, and safety protocols.
  2. Airspace Authorization
    Use tools like LAANC (Low Altitude Authorization and Notification Capability) for real-time approvals in controlled airspace.
  3. Local Ordinances
    Many regions restrict flights over crowds, near airports, or at night without waivers. Example: A construction firm needing permits for urban drone surveys.
  4. Privacy Laws
    Businesses must avoid recording private areas without consent. States like California impose strict penalties for unauthorized surveillance.

Best Practices for Risk Management

  1. Develop Operational Policies
    Create clear protocols for pre-flight checks, data handling, and emergency procedures. Use software like Kittyhawk to track compliance and maintenance.
  2. Invest in Training
    Ensure pilots complete FAA-certified courses and stay updated on regulation changes. Regular simulations (e.g., crash scenarios) improve safety.
  3. Conduct Risk Assessments
    Evaluate hazards for each mission. Example: A logistics company avoiding drone deliveries in high-wind areas.
  4. Leverage Technology
    Equip drones with geofencing to prevent entry into restricted zones and real-time data streaming for collaborative decision-making.
  5. Engage Stakeholders
    Inform clients and communities about drone use through transparency initiatives. Example: A media company disclosing filming schedules to avoid privacy disputes.

Conclusion

Drones offer businesses transformative opportunities but require diligent risk management. By securing comprehensive insurance, adhering to FAA and local regulations, and implementing robust safety protocols, companies can harness drone technology effectively. As the regulatory landscape evolves, proactive adaptation and stakeholder engagement will be critical to sustaining compliant and profitable operations.

Leave a ReplyCancel reply