Deliveries by commercial drones are no longer ideas one would only expect to see in science-fiction movies. In August 2020, Amazon, one of the major logistics operators in the United States, received approval from the Federal Aviation Administration (FAA) to use drones for its delivery operators. Delivery drones have become a reality in modern times. Since 2012, the FAA has promulgated regulations to respond to continuous innovations and developments in this area of technology. In December 2020, the FAA issued its Final Rule to safely expand the regular operation of drones at night or over people. In 2019, the National Conference of Commissioners on Uniform State Laws proposed specific rules applicable to drones in privacy laws. However, these different legal players have yet to propose specific rules to address liability from negligent torts. This Comment takes a deep dive into the law of negligence and argues for enacting more specific drone laws addressing various questions relating to negligent tort lawsuits. The Comment demonstrates that absent clearer guidance, the ordinary negligence cause of action is insufficient in the context of personal injury or property damage by commercial drones because the injured parties will likely be unable to establish the requisite elements of duty and breach. Finally, this Comment recommends different theories of liability as more viable options for injured parties to seek compensation. As applied to commercial drones, these other theories of liability better serve the primary purpose of tort law, provide uniformity in the law among different courts, and reduce costs for involved parties.
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