Trent Cotney, Partner, Adams & Reese and FRSA General Counsel
In recent years, drones and artificial intelligence have become increasingly common tools for roofing contractors across Florida. What started as experimental technology has now become a regular part of estimating, documenting and even litigating roofing claims. Drones allow roofers to capture detailed imagery of steep-slope or otherwise dangerous areas without putting workers at risk. Artificial intelligence platforms can process that imagery and generate reports that contractors use in insurance claims or to demonstrate damage to property owners. The speed and efficiency of these tools are undeniable but they also bring a host of legal and liability questions that every roofing contractor should carefully consider.
One of the first concerns is regulatory compliance. The Federal Aviation Administration (FAA) regulates drone operations nationwide and contractors must ensure that they or their subcontractors are operating drones legally. This typically requires the pilot to hold a Part 107 Remote Pilot Certificate, maintain visual line of sight, avoid restricted airspace and follow altitude and weather restrictions. Many contractors assume that because a drone is small or used for business documentation, these rules do not apply but failure to comply with FAA regulations can result in fines and potential liability if an incident occurs. Florida roofers should confirm that anyone flying drones for their business is properly licensed and insured.
Privacy and property rights are also becoming increasingly relevant. Drones are capable of capturing images not just of a client’s roof but also of neighboring properties, backyards or even through windows. This raises potential claims of invasion of privacy if a neighbor objects. Florida law does provide certain protections
against drone surveillance and contractors should be careful to limit flights to the property being worked on or documented. Clear communication with property owners about when and how drones will be used can reduce misunderstandings and potential disputes.
The rise of artificial intelligence adds another layer of complexity. AI-driven estimating tools can scan roof imagery and identify potential storm damage, wear or installation issues. These reports are often used in negotiations with insurers or even presented in litigation. While AI tools are powerful, they are not infallible. Algorithms may misinterpret discoloration, debris or manufacturing variations as damage and they may overlook more subtle issues. Contractors who rely too heavily on AI without human verification risk presenting inaccurate claims, which could undermine credibility with insurers or in court.
The admissibility of drone and AI evidence in Florida litigation is still developing. Courts typically admit photographs and expert testimony if properly authenticated and drone imagery usually falls under this framework. However, AI-generated reports raise more difficult questions. For evidence to be admissible, there must be a foundation that the tool is reliable and that the results are accurate. Opposing counsel may challenge the methodology of the AI platform, question whether it was calibrated correctly or argue that human interpretation is still necessary. For roofing contractors, this means that drone footage may be valuable but AI conclusions should always be reviewed and verified by a qualified roofing professional before being submitted in a dispute.
Liability issues are another concern. If a drone malfunctions and causes damage to a roof, vehicle or person, the contractor operating it may be responsible for the damages. General liability insurance policies do not always cover drone operations, as many insurers consider them aircraft. Contractors should review their insurance policies to confirm whether drone-related incidents are excluded. In some cases, a separate rider or specific aviation coverage may be necessary to ensure protection. Similarly, if a contractor uses an AI report and the results are later proven to be inaccurate, the contractor could face claims from a customer for negligence or misrepresentation.
Best practices for contractors include ensuring all drone pilots are properly licensed and trained, obtaining appropriate insurance coverage, using drones only on properties where permission has been granted and clearly disclosing the use of AI tools to customers. Most importantly, contractors should treat AI reports as one piece of evidence rather than the final word. Human judgment, based on experience and knowledge of roofing systems, should remain the cornerstone of any estimate or claim.
The roofing industry in Florida has always been quick to adapt to new technologies and drones and AI offer significant benefits. They improve safety, reduce costs and can provide clear documentation in an industry where proof of damage is often disputed. Yet these advantages also carry obligations. Contractors who grasp the legal and liability considerations will be in the strongest position to safeguard their businesses while leveraging new technology.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney is a Partner and Construction Team Leader at the law firm of Adams & Reese, LLP and FRSA General Counsel. You can reach him at 866-303-5868 or email trent.cotney@arlaw.com.
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