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Can You Use Drone Footage As Evidence In A Construction Case?

January 18, 2022
white drone

Were you aware that in New York City, the law gives people the right to record audio or video? Yet, this does not mean that there is a free for all. Under New York state law, video or audio recordings must be done on a person’s private property, or a person could be allowed to record at their place of work, like at a construction site, or in a public place.

However, when recording, certain privacy laws must be taken into account, so using recorded drone footage as evidence in a construction case is not always permitted. In this article, we’re going to investigate the various laws surrounding video footage as it applies to drones.

Drone footage is a complex form of evidence in a personal injury case. That’s why you should consider consulting with an NYC construction accident attorney if you have been injured and feel you might have a case. The attorneys at Lipsig, Shapey, Manus & Moverman are here to help you evaluate the footage you have and determine how best you can utilize it for your case.

Is The State Of New York A One Party Consent State?

In America, federal law, the District of Columbia, and 38 states, including New York, follow a one-party consent law. As a one-party consent state, it’s a criminal offense to record, obtain, share or use electronic, oral, or wire communications without at minimum one party’s consent during the exchange.

This means that if you have used a drone while adhering to drone laws as applicable to NYC and you were granted permission to record by at least one person, you could use the drone footage as evidence in your construction case.

The Legalities Surrounding Video Recording In New York

Although the laws surrounding drone usage are still being written in New York City, the laws are crystal clear regarding using any drone footage that has been captured illegally. New York City courts will not admit illegally obtained drone footage into evidence.

Additionally, if you take the illegally captured evidence to the police, it will only prove that you violated the specific drone usage laws for NYC. This will negatively impact your construction case.

Ultimately, illegally obtained drone footage is usually not admissible in administrative, criminal, and civil actions. An NYC court cannot subpoena this type of footage or use it during the course of any legal case, such as a construction case.

Get In Touch With An NYC Attorney Today To Discuss Whether Your Drone Footage Can Be Used As Evidence In A Construction Case

Video surveillance law as it relates to drone footage is incredibly complex and particular. Unless you have legal knowledge surrounding the uses of drone footage in lawsuits, you will have difficulty applying it to your construction case. That’s why you need to consult with an NYC construction accident lawyer.

A construction accident lawyer can help you determine if your drone footage can be used as evidence in your lawsuit. Our team of construction accident lawyers at Lipsig, Shapey, Manus & Moverman have experience handling cases whereby drone footage has been brought into play.

Our team can help you build a successful case even if your drone footage isn’t admissible in court. Get in touch with us when you’re ready to seek compensation for any injuries sustained at a construction site.


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