I knew it would happen. After flying drones for nearly a decade, I always had this nagging feeling in the back of my mind that one day someone would destroy my drone. But never in my wildest dreams did I think it would happen like this.
The Unthinkable Happens
If you’ve been flying drones for a while, you probably share one of my biggest fears: someone comes out with a shotgun and yells at you to bring your drone down, accusing you of spying on them. I’ve flown drones all over—from the East Coast to the Low Country, in the heart of South Carolina, and across California, including LA, Palmdale, Lancaster, and San Diego. I’ve flown in places where I was supposed to and, I’ll admit, sometimes in places where I wasn’t. But what I’m about to tell you is something I never expected.
The drone I’m talking about is the DJI Mini 4 Pro, one I was super excited about and had just made a video on. I was flying it the other day at a multi-million dollar listing (I won’t tell you where; it doesn’t matter). The scene was perfect—twilight, smooth flying, beautiful views. I took off from a balcony, capturing the exterior and highlighting the property’s best features. Everything was going great. The drone was just eight feet from my face, and I was about to land it when, suddenly, something flew down from two balconies above and hit the drone.
I watched in slow motion as my drone plummeted 100, 200 feet to the ground, shattering into pieces. I was stunned. I couldn’t believe what I was seeing.
Confrontation with the Culprit
The agent I was working with came rushing out, equally shocked. We both looked up and saw a 70-year-old woman on the balcony above, frantically on the phone with the front desk. She was shouting about how the drone was spying on her and that she had just gotten out of the shower.
It turns out she had thrown a tennis ball at my drone, hitting it perfectly and sending it crashing to the ground. I still can’t believe she managed to hit it.
We found the ball afterward (it’s now a toy for my dogs), but at that moment, I was too shocked to know what to say. The woman started screaming at us, accusing us of spying, and we had to explain that we were shooting a listing a few floors down. This wasn’t just a case of damaged property; this was a $700 drone that she had destroyed.
To Sue or Not to Sue?
She apologized, but she didn’t offer to cover the cost of the drone, which honestly annoyed me. I was left wondering if I should sue her.
Everyone I talked to suggested I should take legal action, but it seemed like such a hassle. The drone itself was worth around $700, and my insurance had a $500 deductible, so it didn’t seem worth it to go through the trouble. But part of me still wonders if I should have pursued it.
If you’re reading this and you’re a lawyer, or you know someone who could help, I’d love to hear your thoughts. Should I have sued her? Was it worth the hassle? The fact that she lived in a multi-million dollar condo suggests she has money, so why didn’t she immediately offer to make it right?
The Legal Gray Area of Drone Flying
This incident made me take a closer look at drone laws, especially in California. The rules are a bit of a gray area. Some trespass laws do apply to drone operations over private property, which means flying a drone over someone’s property without permission might be considered trespassing, especially if it interferes with the property owner’s use and enjoyment of their land.
But how close is too close? At what point does flying a drone become an invasion of privacy? If a drone is right outside my window, clearly filming me, that’s concerning. But what if it’s just passing by while capturing footage for a listing? This is where things get tricky.
I did some research and found out that while it’s legal for a drone to fly over your home, forcibly removing it—by shooting it down, using a net, or, yes, even throwing a tennis ball—is illegal. So, technically, I could have sued the woman for destroying my drone. There’s no law against her taking action, but what she did was still illegal.
Different States, Different Rules
Drone laws vary significantly from state to state. For instance, in California, it’s prohibited to use drones to invade someone’s privacy, but that’s still a gray area. In contrast, Georgia prohibits aerial photography of private property without consent, and in Texas, it’s illegal to capture, use, or distribute images of individuals or property without consent. These laws make it tough for drone operators, especially those like me who shoot real estate listings.
If that drone had hit someone when it fell, it could have caused serious injury or even killed someone. If it had landed on a car, it could have caused significant damage. The woman who threw the tennis ball took a huge risk by taking matters into her own hands.
Lessons Learned
So, here I am, out $700, with a broken drone and a lot of unanswered questions. Should I have taken action against the woman? Maybe. But the whole situation has reminded me of the importance of being extra cautious when flying drones, especially around apartment buildings.
I’ve always been careful—making sure not to hover too long next to other apartments, trying to be as discreet as possible, and wearing a drone vest when I need to be out in the open. But this incident has made me even more aware of the potential risks involved.
Final Thoughts
Flying drones is still a relatively new thing that we’re all trying to figure out, and there’s a lot we don’t know. But one thing’s for sure—don’t throw tennis balls at drones.
Thanks for reading. I’d love to hear your thoughts on this situation. If you’re a lawyer or just someone with an opinion, let me know what you think I should have done. And if you liked this post, check out some of my other content.
Until next time, fly safe and stay inspired.
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