Can You Sue for Injuries Caused by a Drone in Illinois?

 Posted on August 11, 2025 in Personal Injury

Drones are becoming increasingly common in Illinois skies. You may see drones being used by companies for deliveries, photography, surveillance, or by hobbyists who fly them for entertainment purposes. Unfortunately, as drone usage increases, so do the risks of accidents and injuries. What happens if a drone crashes into a human or accidentally causes a car accident?

If a drone injures you, can you sue for damages? If so, who do you sue? While drone-related personal injury cases are relatively new, they are governed by specific legal principles. If you have been injured by a drone, consulting with an experienced Rock Island County, IL personal injury lawyer can be a great first step to ensure your rights are fully protected.

How Common Are Drone Injuries?

According to the U.S. Department of Transportation Federal Aviation Administration, the total number of drones registered across the U.S. as of October 2024 was approximately 800,000. These are just those that are registered; not all drones are. Due to their rapid movements, sharp blades, and rotating parts, injuries can occur to anyone in the area.

A Utah man was injured after a drone flew into his face as he walked downtown, a woman was knocked unconscious after being struck by a drone as she watched a parade, and a toddler on a swing was injured by a drone that fell from the sky. While no current statistics on drone injuries are available, between 2015 and 2020, approximately 4,250 drone injuries were reported.  

Drone injuries often include facial lacerations, falls caused by being startled by a drone, eye injuries, vehicle accidents, and even more severe injuries. Whether you received bumps and bruises, a head trauma, or were involved in a car accident because of a drone, drone operators owe the public a duty of care when operating their devices. At the very least, drone operators should warn those in the vicinity, allowing them to take precautions to protect themselves.

Who is Liable for Your Drone Injury?

Liability for your drone injury will depend on the circumstances. A drone operator, whether a private individual or a business, can be held liable if negligence or recklessness caused the accident. If the drone had a defect that caused the accident, the drone's manufacturer can be held liable.

In some cases, third parties such as drone rental companies or those who maintain professional drones for companies could be liable if their negligence was a factor in the accident. The employer of the individual flying the drone could be held liable, and, under certain circumstances, if a property owner’s negligence contributed to the accident, the owner could be held liable.

Does Illinois Have Laws Regarding Drone Use and Drone Accidents?

Drone usage in the U.S. is primarily regulated by the Federal Aviation Administration (FAA), which requires drone operators to register drones that weigh more than 0.55 pounds, keep drones within the operator’s line of sight, avoid restricted airspace, and fly drones only during daylight hours. The Illinois Freedom from Drone Surveillance Act primarily restricts law enforcement’s use of drones for surveillance purposes. Additionally, Illinois has specific laws that restrict the use of drones near schools and critical infrastructure.    

What Are the Legal Theories Used to Sue for a Drone Accident?

Depending on the circumstances, a lawsuit may claim negligence from failure to operate the drone safely or follow FAA and Illinois guidelines. If the drone operator’s actions were reckless, disregarding a substantial risk of harm, then the lawsuit could be based on recklessness.

If the drone or its parts were defective, and these defects caused the accident, a product liability claim may be filed. In some cases, the trespass or invasion of privacy from drone use may have caused emotional distress or surveillance-related harm. Photos or videos of the incident, witness statements, flight logs or data from the drone, and medical records can all help build a strong case.

Contact a DuPage County, IL Personal Injury Lawyer

If you or a loved one has been injured by a drone, contacting a Chicago, IL personal injury attorney from SpyratosDavis LLC can be your best course of action. Our attorneys are laser-focused on developing a strategic approach tailored to your case. Call 630-810-8881 to schedule your initial attorney meeting.