Accosted and Vandalized

[Ikopta]

The location surely does not mitigate his actions. He wasn't on his property, he didn't report you. He damaged your property in a public area, how is that right? I would push for action otherwise what else are we going to let slide?

 

[mp43sniper]

Indeed, but the penalty/consequences for illegally flying may be more than what can be gained in small claims. Certainly I would go after them if the legality of the flight were not in question.

The Mavic was not in the air when it was damaged. I wonder if a good attorney could argue that angle without bringing the flight into question. Again, there were witnesses to the damage and no officer saw the alleged flight.

 

[radbrad1]

Drones are legal in California state parks, National parks No. Hand catch your drone and I would think this becomes assault. Then the cops will be much more interested.

 

[brad6006]

My law experience is limited to Judge Judy, but I can tell you if you were flying illegally, you wont likely win a judgement. (If you buy drugs illegally and they arent any good, you cant sue the seller. If you partcipate in illegal activity, the court sysem isnt going to make you "whole" again).
That being said, you DONT need a lawyer for small claims. Small Claims is intended for you to settle without a lawyer. Judges dont like seeing lawyers in small claims. If you'd happen to win, you still have no guarantee you'll collect the money.
I'd love to see this on Judge Judy, contact the show! I'm tired of dog bite cases!

 

[Mr. Salty]

My law experience is limited to Judge Judy, but I can tell you if you were flying illegally, you wont likely win a judgement. (If you buy drugs illegally and they arent any good, you cant sue the seller. If you partcipate in illegal activity, the court sysem isnt going to make you "whole" again).

Judge Judy would be disappointed in your lack of knowledge of the law.

First, flying drones isn't illegal in California state parks. Some individual parks may prohibit them, but the only penalty is civil, a small fine.

This does not suddenly make it OK for other citizens to physically assault someone and destroy their property, both of which are felonies.

A better analogy than your drug dealer scenario would be: If I see you speeding (a minor moving violation punishable with a small fine), I can't walk over to you, punch you in the face and set your car on fire and get away with it. If you complain to police, you might still get a ticket, but I'm going to jail.

 

[TerryJ]

A week ago I was flying my Mavic on a local beach here in California which is a State Park, yes, illegal. I had been flying over some surfers for about 20 minutes and near a bluff with some houses overlooking the ocean and had landed and was preparing to leave when seemingly out of nowhere a man come sprinting down the beach and screams a profanity at me, grabs my Magic and smashes it over his knee saying something like "stay away from my windows." He finishes by ripping off an arm and the camera and throws my Mavic down to the sand and runs away. My wife and I are too stunned to speak much less have the presence of mind to take a picture of him. A young woman on the beach about thirty feet away and a group of surfers in the parking lot witness the whole incident. The local sheriff refers my call to State Park Police. Someone takes my report over the phone and does not contact me the rest of the week even though I call three consecutive days for an update on the "investigation." In the meantime I do some research and identify the man. We are a small community and this was very easy to do. Someone who knows the man says she has had "problems with him in the past." If State Park Police are unable or unwilling to prosecute do I have any other recourse? Of course I would like to recover the cost of a replacement Mavic. Do I need an attorney to file a small claims court case? This has been quite upsetting the past week to the point I've lost sleep thinking about it. Any help or suggestions appreciated.

I would have served him up a serious beating!! Very serious BEAT DOWN INDEED!!!!

 

[m0j0]

The Mavic was not in the air when it was damaged. I wonder if a good attorney could argue that angle without bringing the flight into question. Again, there were witnesses to the damage and no officer saw the alleged flight.

The flight is not controlling here. It simple does not matter. He can't damage your property.

 

[BluesDragon]

Just sayin'....

 

[mp43sniper]

The flight is not controlling here. It simple does not matter. He can't damage your property.

That is exactly what I said.

 

[brad6006]

Judge Judy would be disappointed in your lack of knowledge of the law.

First, flying drones isn't illegal in California state parks. Some individual parks may prohibit them, but the only penalty is civil, a small fine.

This does not suddenly make it OK for other citizens to physically assault someone and destroy their property, both of which are felonies.

A better analogy than your drug dealer scenario would be: If I see you speeding (a minor moving violation punishable with a small fine), I can't walk over to you, punch you in the face and set your car on fire and get away with it. If you complain to police, you might still get a ticket, but I'm going to jail.

Judge Judy would be happy that I can read....if you go to page 1, the very first sentence from the post said they were flying in a state park which is illegal. I have no idea and could care less, I'm just responding to what was said.

 

[mightyarrow]

I'd let it go as you are opening yourself up to charges for flying illegally.

Is he though? From what OP is saying, a random crazed person came by and damaged his personal property that he had in his possession (read: NOT flying).

I agree with the intention of saying "be careful", but I strongly disagree with the thought of chalking it up to a loss and avoiding going after the guy. It's likely that if he has a reputation, then the police already know who he is. They are 2 distinct acts.

To me, this is no different that someone saying it's a bad idea to report being assaulted by a random person for jaywalking. Your jaywalking in no way, shape, or form, impacts the actions of the accused.

 

[mightyarrow]

Keep in mind folks, when you're talking about "illegal" activity, that the only places that drones are illegal to fly in the US are where the Federal Aviation Administration has explicitly stated is illegal.

State regulations are nothing more than words on paper, and while you should tread carefully out of convenience more than anything, one of these days, someone's gonna be the guinea pig, and a massive legal battle will ensue over who controls United States Airspace. And the Feds are going to win.

 

[Mr. Salty]

Keep in mind folks, when you're talking about "illegal" activity, that the only places that drones are illegal to fly in the US are where the Federal Aviation Administration has explicitly stated is illegal.

State regulations are nothing more than words on paper, and while you should tread carefully out of convenience more than anything, one of these days, someone's gonna be the guinea pig, and a massive legal battle will ensue over who controls United States Airspace. And the Feds are going to win.

While a state park can't control the airspace, they can control taking off and landing from within their property.

 

[TylerDurden]

While a state park can't control the airspace, they can control taking off and landing from within their property.

That is an interesting take...I am pretty sure the 10th amendment pretty clearly states otherwise...specifically reserving that airspace to the people and the states, respectively.

 

[TylerDurden]

That is an interesting take...I am pretty sure the 10th amendment pretty clearly states otherwise...specifically reserving that airspace to the people and the states, respectively.

Ooops I was responding to the above comment regarding FAA and airspace

 

[Brad de Leon]

You could always part it out to recoup some of the replacement expense.

 

[NAUIDIVER]

You have nothing to worry about because of flying in an NFZ. Take the guy to court, you will win. There is no complaint bring brought before the judge about flying in an NFZ and therefore no worry about that side of the issue. If you received a ticket for it or had been arrested or similarly fined, then that’s an entirely separate legal issue. You are the plaintiff bringing suit for a specific cause of action and the judge will rule on the merits of that action and that action alone. The state isn’t there to present a case against you for where you were flying!

Small claims court. No worries and easy to do. Just be prepared to present your evidence that you were not doing what the guy accuses you of doing, and even had you done that it’s still not a justification for the destruction of property.

 

[HVYMTL]

A week ago I was flying my Mavic on a local beach here in California which is a State Park, yes, illegal. I had been flying over some surfers for about 20 minutes and near a bluff with some houses overlooking the ocean and had landed and was preparing to leave when seemingly out of nowhere a man come sprinting down the beach and screams a profanity at me, grabs my Magic and smashes it over his knee saying something like "stay away from my windows." He finishes by ripping off an arm and the camera and throws my Mavic down to the sand and runs away. My wife and I are too stunned to speak much less have the presence of mind to take a picture of him. A young woman on the beach about thirty feet away and a group of surfers in the parking lot witness the whole incident. The local sheriff refers my call to State Park Police. Someone takes my report over the phone and does not contact me the rest of the week even though I call three consecutive days for an update on the "investigation." In the meantime I do some research and identify the man. We are a small community and this was very easy to do. Someone who knows the man says she has had "problems with him in the past." If State Park Police are unable or unwilling to prosecute do I have any other recourse? Of course I would like to recover the cost of a replacement Mavic. Do I need an attorney to file a small claims court case? This has been quite upsetting the past week to the point I've lost sleep thinking about it. Any help or suggestions appreciated.

If he doesn't know who you are.. a bat and mask are fairly cheap and easy to come by . Just saying..

 

[Montmark]

Accosted and vandalized update: LONG, slow investigation by California State Park Police. I received a phone call saying the investigation was being put before DA to decide if a case could be made, could I send pictures which I did. That was a month ago, no word since, no replies to email, no prop to State Parks officers. I should mention, investigating officer said this might be ruled a "civil" matter meaning I would have to sue in a civil case to recover damages.

So.....I'm in line at the bank yesterday and guess who's standing right in front of me? Yes, the perpetrator of the assault. I walk out of the bank, and wait. He walks right by me. Me: "are you -------"
Him: yes
Me: you destroyed my drone a couple of months ago
He: did I?
Me: yes. Totally unnecessary, you could have asked me to leave and I would have picked up my drone and walked away.
Him: I've felt bad about that since it happened. I've thought about it a lot.
Me: I've thought about it almost everyday since it happened. It was an assault.
Him: is there anything I can do to make it right?
Me: I'm working on that right now. You could cover the cost of my drone and pay me $800.
Him: give me your address and I'll mail you a check

I give him my address and he says "no hard feelings" and we shake hands. I received his check today for $800. I don't know status of investigation but I'm inclined to drop it and move on.

Funny how stuff works out. There were times I regretted not attacking this man and trying to hurt him. I'm now very glad it didnt work out that way.

Also just ordered a new drone from B&H today.
Peace.

 

[dirkclod]

Thanks for the update and glad you did get your money back .
Will be interesting to see what happens with the DA .