Unmanned aerial vehicles : an analysis of the regulatory framework on third-party liability and insurance in Europe

Abstract

The drone ecosystem is growing exponentially and so are the risks associated with such technology. The creation of a common market for civilian drones in the EU can only be pursued if there is a solid regulatory framework in place which safeguards third parties from threats that such devices may pose. Several issues need to be resolved in this regard, such as the identification of the liable party in case of an accident, the liability regime which is applicable and insurance requirements. This research aims to assess the current liability rules for damage caused to third parties applicable to drones at EU and Member State level and to establish whether intervention at EU level is advisable. This paper also examines the existing set of rules dealing with insurance requirements in the sphere of aviation in order to determine if and to what extent such legal framework is suitable for accommodating the civil use of drones in society and when appropriate to make recommendations thereto.