- March 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Situation in New York Suburbs
This is in the New York suburbs, not in NYC. Apologies if I used the wrong flair, as I’m not entirely sure where this situation would fall under.
### Neighbor Drone Incident
My neighbor accidentally crashed his drone onto my roof yesterday and now he’s requesting to climb up there to retrieve it. The drone is stuck on a dormer towards the top of the roof, making it challenging to retrieve. Given that the roof is close to the end of its lifespan, I am concerned that his presence on the roof could cause further damage. Additionally, there is a liability issue in case he falls.
### Disputes with Neighbor
I have suggested to him that he should hire a professional with the proper experience and insurance to retrieve the drone, but he is adamant about doing it himself. He claims the drone is worth five figures and threatens to sue me if it gets damaged while on my roof. However, I am skeptical of his claims regarding the drone’s value. He’s also pressuring me to allow him to retrieve it due to the impending rain, but I am reluctant to let him climb on my roof for safety reasons.
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### Final Considerations
While I acknowledge my obligation to return his property, I am trying to balance this with the risks of injury or damage to my property. I want to ensure that the situation is resolved in a safe and legally compliant manner. Any insights or advice on how to proceed would be greatly appreciated. Thank you in advance.
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****** just grabbed a
You are not legally obligated to let your neighbor climb on your roof or for any damages to his drone
He could sue you of course, but I don’t think he’d win. You’re not refusing to return his property, you’re refusing to expose yourself to liability for people being injured doing an unsafe activity on your property, and you’re refusing to allow an untrained person to damage your home. Tell him he needs to hire a roofer who is licensed (if applicable) and insured to retrieve the drone. If he refuses and continues to threaten a lawsuit, tell him to go ahead (and if he does, notify your home insurer).
IÔÇÖm a roofer. Hire a roofing company for a free inspection they can retrieve drone and you can get an inspection to see if their is any storm damage enough that insurance would pay for an new roof for you. Would highly recommend going that route. Cheers
If itÔÇÖs actually worth 5 figures, as he claims, itÔÇÖs worth it for him to call someone who is insured to retrieve it for him. ItÔÇÖs not worth the liability for you to just let him up there.
Also, not really a legal thing, but if the drone is really worth five figures then spending ~$100-200 bucks to have a professional retrieve it is a rounding error.
You have no obligation, legal or moral, to allow someone to potentially damage your house because of their carelessness.
He crashed it there, if it gets damaged while it waits then itÔÇÖs his fault. Not yours.
Not a lawyer, but on top of other advice you’ve received, I would recommend immediately putting up a couple “No Trespassing” signs around the perimeter of your property. I’d be worried about this person pulling something stupid and trying to climb your roof while you’re not home. I believe that these signs are more for reducing liability when someone is traveling your property in “normal” use cases, like slipping on ice on your driveway or falling down the steps of your porch. So while it’s possible that climbing your roof falls outside of a case where no trespassing signs are necessary, this can only help your case for avoiding liability if someone were to be injured while trespassing.
Edit: Note that No Trespassing signs are void in protections if the person is on your property with your permission e.g. a guest or workmen.
I canÔÇÖt get over the sheer audacity of this guy crashing HIS drone, and then making it a YOU problem. Sounds to me like heÔÇÖs finally making acquaintance with the consequences of his own actions.
That being said, I hope you have cameras around your property, I canÔÇÖt imagine a guy like this having enough self control to stay off your roof. And I totally agree with everyone else, only let a professional retrieve the drone (while they inspect for damage caused by the drone crash).
The quickest way out would be to have him stop by your local fire station and tell them the situation with the roof being shit. If itÔÇÖs a cruiser station they usually love pulling the ladder out to play around. Worst case they tell him theyÔÇÖre too busy best case everyone is happy and the station gets a feel good post for their instagram.
How do you know his drone hasn’t caused damage to your roof. I’d get a roof inspection done
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You are giving him very clear instructions on the steps he needs to take to retrieve his drone from your roof. It sounds like to me like you are being very reasonable, helpful, and responsible with those instructions.
If it is a very expensive drone then he certainly should not mind spending the required money to retrieve it in a safe way (roofer or cherry picker).
In my neighborhood there are a few local roofers active on social media who offer to come tarp your roof in a hurry in case a hole appears in it during rain. I donÔÇÖt know if you have similar folks around your neck of the woods but thatÔÇÖs who I would suggest he reach out to. They are already willing to climb up there in a moments notice, just make sure they have the proper licensing and insurance first.
Put up a no trespassing sign.
Have him get another drone to fly up and hook his.
He probably wasnÔÇÖt even allowed to fly it. Give a call to the FAA and see what they have to say about this.
(Obligatory NAL.)
It is his responsibility to hire somebody who is qualified and insured to get up on your roof and retrieve this device. Not your problem to solve.
As others have noted, if he goes up there and damages your roof, or falls off and hurts or kills himself, the liability will accrue to you, and you don’t need that kind of headache.
Make it clear that if he comes on your property like this you will have him charged with trespassing.
It is not your fault that he was stupid enough to fly something valuable around his neighborhood the day before it started raining hard… ƒñªƒÅ╗ÔÇìÔÖé´©Å
Ask whoever has your homeowners policy to specify in writing what steps he would need to take to absolve you of liability for the retrieval of his drone. It’s going to be the same thing you already told him, but now it sounds official and you can blame it on the insurance company.
am also from nyc and its raining right now. don’t take the chance of either you or him slipping while trying to retrieve the drone
He should hire another drone to retrieve the first.
Your neighbor is a dick so I would have shut the door with his response.
But, a ladder and then a long pole cant reach it? I also would not let someone walk on my roof.
A ladder. A long pole with a hook. Hook the drone and have it dragged to the edge and retrieve.
IÔÇÖd tell him you would sue him if he climbs on your roof. I had a co worker do my roof and I worried the whole time he was up there.
People are making this way more complicated than it needs to be lol.
If youÔÇÖre worried about liability just fish it down from the ground. ItÔÇÖd take way less time than this weird dispute youÔÇÖre having and itÔÇÖs over with.
Fishing rod with a treble hook 🙂
all of these suggestions are just wildly escalatory/unnecessary. if you’re worried about liability, ask him to sign a release.
people seriously suggesting calling the faa, good grief
Ok letÔÇÖs ignore the report of it being a $10k+ drone.
LetÔÇÖs say some kids were playing with a ball/frisbee/nerf toy and it got stuck on the neighborÔÇÖs roof. Their dad knocks on your door, apologizes and asks if he could retrieve the toy.
What are you telling him?
That would be a big nooooooo! You were right in requiring a professional that is insured! Tell him itÔÇÖs your property once it lands on your property and that if he canÔÇÖt except that then tell him to get a lawyer but that you will sue him for damages both to you and your property.
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Nope. Too risky to expose either of you to the liability of him rather damaging your roof or him hurting himself on your property. Or he drops the drone, damages it, and tries to sue you for it.
Tell him to get another drone to go rescue it
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Maybe try calling your home owners insurance company and ask them about liability and for advice on what to do.
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Your on right track and 100% agree with you but I think you need to hire a pro to get it because you donÔÇÖt want bloated lithium batteries sitting out jn sun on ur roof for a long time brother man if those batteries get the slightest puncture from a tree branch or anything then your house will violently burn down. Tell him he will be liable if his house burns down
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