Uncharted Territory: Legal Issues And Challenges In Aerial Torts

Kirat Singh Hora, School of Law: NMIMS, Indore

ABSTRACT

The existing legal framework of aerial torts has undergone a transformation with the growing usage of unmanned aerial vehicles (UAVs), often known as drones, in civilian airspace. This abstract examines the difficult legal questions and problems brought up by incidents involving unmanned aerial vehicles.

Conventional tort law finds it difficult to adjust to a scenario in which there is no pilot at the controls since it is primarily dependent on the demonstration of human negligence. It becomes difficult to place the blame because the manufacturer, the software developer who created the flight control system, or the operator who set the flight path could all be at fault.

The absence of worldwide standardization in aviation liability frameworks and rules further complicates matters. In certain countries, a practice that is deemed permissible may be viewed as careless. For producers, operators, and possible victims, this discrepancy puts them in danger, particularly when it comes to cross-border accidents.

The abstract then looks at possible ways to get around this unfamiliar area. These include placing manufacturers under severe liability, creating internationally defined, unambiguous standards for UAV operation, and setting up reliable UAV insurance programs.

The need of cooperation between governments, manufacturers, and legal professionals is emphasized in the closing remarks. Together, we can create a transparent and equitable structure that will assign liability in the event of an aerial tort involving an unmanned aerial vehicle, making the environment safer and more predictable for all parties engaged in this fascinating but challenging field.

Keywords: Aerial Torts, autonomous aerial vehicles, Data Privacy, Space debris, Sustainable future.