10/28/2026·
Premises Liability
Counter-Drone Defense, Negligent Security and Premises Liability
By:
Nick Rishwain, JD
Because federal law treats drones as aircraft, private property owners at soft targets like rooftop venues, distribution centers, and high school stadiums can legally detect, track, and identify drones but cannot defeat or mitigate them, a legal impossibility that may serve as a defense in negligent security and premises liability suits. Detection systems, physical hardening such as netting or lattice overhead cover, and shelter-in-place plans are emerging as the likely standard of care, and these cases will call for a new kind of expert witness: drone pilots with security expertise.