How to bear the legal responsibility for lost and damaged packages in drone express delivery
2025 07/25
The current low altitude economy is becoming a new engine driving economic growth with its unique development trend. The gradual opening up of airspace resources and the rapid advancement of technology have made the low altitude field full of infinite possibilities. Drone express delivery, as one of the key applications of low altitude economy, is quietly changing the traditional logistics pattern. It breaks through geographical limitations, crosses mountains and rivers, and shuttles between cities and rural areas in an efficient and flexible manner, not only solving the "last mile" delivery problem, but also opening a new chapter in the logistics industry. However, legal risks have also quietly emerged with this new logistics technology, and concerns about lost or damaged packages from express delivery drones are increasing. Who is responsible for the loss or damage of the package? How to avoid risks? Let's explore together.
1、 The development of express delivery drones and the current situation of package risks
In the first half of 2025, the volume of unmanned aerial vehicle logistics delivery will increase by 286% year-on-year, and it is expected that the market size will exceed 96 billion yuan by the end of the year. The compound annual growth rate is expected to exceed 120% in the next three years. However, due to various factors such as weather, technical malfunctions, and signal interference, drone flights may experience package drops, transportation route deviations, and other situations during the delivery process, resulting in package loss or damage. Although industry participants are actively investing in the development of more reliable drone systems, improving obstacle avoidance algorithms, establishing redundant communication links, and deploying more accurate landing and recovery mechanisms, the safety of packages in the "last mile" of air still faces severe challenges at this stage. Once an accident occurs, it not only causes direct economic losses, but also poses a potential threat to consumer trust and industry reputation. Therefore, while enjoying the efficiency and convenience brought by drone delivery, how to effectively reduce package transportation risks has become an important issue in promoting the healthy and sustainable development of the industry.
2、 Key factors in determining legal liability
（1） The key role of transportation contract
In express delivery services, the transportation contract is the fundamental document that defines the rights and obligations between the courier company and the user. The transportation contract should clearly stipulate that the courier company has the obligation to use drones that meet safety standards to safely deliver the package to the designated location according to the agreed time and route; Users have the responsibility to accurately fill in the recipient information and pay the courier fees in a timely manner. Once the package is lost or damaged, the transportation contract is an important basis for determining responsibility. If the contract clearly stipulates the risk bearing party during the transportation process, and this agreement does not violate mandatory provisions of laws and regulations, it should be followed when determining liability.
（2） The Legal Significance of Insurance Terms
The insurance clause is an important component of the transportation contract, which serves to provide users with an optional risk protection method. After the user selects the insurance service and pays the corresponding fee, if the package is lost or damaged during transportation, the courier company will compensate according to the insurance amount. From a legal perspective, the insurance clause is a manifestation of the autonomy of the parties involved. As long as the courier company provides reasonable prompts and explanations for the insurance clause when providing services, and the clause does not exempt itself from responsibility, increase user responsibility, exclude user primary rights, etc., then the clause has legal effect.
（3） Attribution of Responsibility for Drone Technical Malfunctions
Drone technology malfunction is one of the important reasons for package loss or damage, and its responsibility may involve multiple stakeholders. When technical failures arise from design defects or manufacturing quality issues within the drone itself, drone manufacturers may be held responsible for the corresponding product liability. According to Article 41 of the Product Quality Law of the People's Republic of China, manufacturers are required to compensate users for losses caused by product defects. If the malfunction is due to the fault of the drone operator in the maintenance, upkeep, and operation process, such as failure to conduct regular inspections according to regulations, illegal operations, etc., then the operator should bear the main responsibility. In some cases, it may also involve the responsibility of software suppliers and other related parties, and the division of responsibility should be based on specific circumstances and relevant laws.
（4） Definition and Impact of Force Majeure Factors
Force majeure refers to unforeseeable, unavoidable and insurmountable objective conditions. In the express UAV transportation, common events include natural disasters (rainstorm, gale, lightning, etc.), government actions (temporary flight ban control, etc.), and social abnormal events (epidemic, etc.). When a package is lost or damaged due to force majeure factors, the courier company can usually be fully or partially exempted from liability. But the courier company needs to bear the burden of proof to prove that the loss or damage of the package is indeed caused by force majeure, and has taken reasonable measures to avoid the expansion of losses.
3、 Interpretation of relevant legal provisions
In China, the legal provisions related to express delivery transportation, cargo damage, and loss are mainly concentrated in the provisions on transportation contracts in the contract section of the Civil Code of the People's Republic of China.
Article 809 of the Civil Code of the People's Republic of China clearly stipulates that a transportation contract is a contract in which the carrier transports passengers or goods from the place of origin to the agreed place, and the passenger, consignor or consignee pays the fare or transportation fee. This regulation establishes the basic definition of the transportation contract and the main rights and obligations of both parties. In the scenario of express drone transportation, as the carrier, the express company has the obligation to safely deliver the package to the recipient. If the package is lost or damaged during transportation, it shall bear corresponding responsibilities in accordance with relevant laws and regulations.
Article 832 of the Civil Code of the People's Republic of China stipulates that the carrier shall be liable for compensation for damage or loss of goods during transportation. However, if the carrier proves that the damage or loss of the goods was caused by force majeure, the natural nature or reasonable loss of the goods themselves, or the fault of the shipper or consignee, they shall not be liable for compensation. This clause clarifies the general principles of carrier's liability and exemption reasons, and plays a key guiding role in the determination of liability for lost or damaged packages in express delivery drones.
Article 28 of the Interim Regulations on Express Delivery stipulates that in case of delay, loss, damage or shortage of contents in express delivery, the compensation liability for insured express delivery shall be determined in accordance with the insurance rules agreed upon between the enterprise engaged in express delivery business and the sender; For uninsured parcels, compensation liability shall be determined in accordance with relevant provisions of civil law. This regulation clarifies the compensation rules for different insurance situations in express delivery services, emphasizing the importance of insurance clauses in determining compensation liability.
4、 The legal responsibilities of different parties
（1） Responsibilities and obligations of express delivery companies
As the main body of package transportation, express delivery companies bear core responsibilities in drone express delivery services. In the process of goods storage, from the moment the package is received, the express delivery company has the obligation to properly store the goods, take necessary protective measures, and prevent damage to the goods during storage. In terms of transportation safety, it is necessary to ensure that drones comply with flight safety standards, conduct regular inspections, maintenance, and upkeep of drones, and ensure that they are in good operating condition during the delivery process. At the same time, it is necessary to equip drones with professional operators who have undergone rigorous training, possess professional certificates, operational skills, and the ability to respond to emergencies.
Once a package is lost or damaged, the courier company is usually responsible for compensation. If the package has problems due to errors in drone operation, unreasonable transportation route planning, failure to take effective measures to deal with risks such as adverse weather, or other personal faults, the express delivery company should compensate the user in full according to the contract and relevant legal provisions. In some express delivery service contracts, it is explicitly stipulated that if a package is lost due to the fault of the courier company, compensation for the insured package shall be based on the insured amount; For uninsured packages, compensation will be based on the actual value of the package, but there will generally be a certain compensation limit. At the same time, relevant laws and regulations regarding standard terms must be followed to ensure fair and reasonable compensation.
（2） Potential Responsibilities of Drone Manufacturers
Drone manufacturers may be held responsible for product quality issues that result in package loss or damage. According to Article 46 of the Product Quality Law of the People's Republic of China, if a product has defects, that is, if the product poses an unreasonable danger to personal or property safety, or if the product does not meet national or industry standards that protect human health and personal or property safety, resulting in property damage to others, the producer shall be liable for compensation. If it is determined through investigation that the loss or damage of the package is due to design defects of the drone, such as structural instability leading to disintegration during flight; Manufacturing defects, such as failures caused by substandard component quality; Or indicating defects, such as inaccurate operating instructions, unclear safety warnings, etc., the drone manufacturer shall bear corresponding compensation responsibilities.
Previously, there was a case where a drone manufacturer's drone had a quality issue with the battery and suddenly lost power during delivery, causing the package to fall and be damaged. The manufacturer was held liable for compensation for the resulting losses. After the manufacturer assumed responsibility, the accident involved the fault of relevant parties such as raw material suppliers and component manufacturers, and therefore pursued legal recovery from the raw material suppliers and component manufacturers.
（3） Definition of Responsibilities of Third Party Service Providers
During the delivery process of express drones, third-party service providers such as drone flight service providers may be involved. When third-party service providers participate in delivery services, their responsibilities need to be defined based on specific contract agreements and actual circumstances. If a third-party service provider signs a service contract with a courier company, the contract should clearly define the rights and obligations of both parties in drone flight services, including the execution standards of flight missions, safety measures, and methods of responsibility.
If the package is lost or damaged due to the fault of a third-party service provider, such as the drone pilot's illegal operation, failure to fly according to the scheduled route, inadequate maintenance of the drone, etc., the third-party service provider shall bear corresponding breach of contract or tort liability. If there is a joint fault between the express delivery company and the third-party service provider during the performance of the contract, resulting in the loss or damage of the package, the user has the right to demand that the express delivery company and the third-party service provider jointly bear the liability for compensation. After compensating the user for the loss, the express delivery company and the third-party service provider will then divide the responsibility internally according to the degree of fault.
Conclusion and Prospect
This article explores the role of factors such as transportation contract terms, express delivery insurance, drone technical failures, and force majeure in determining liability for lost or damaged packages in express delivery drones through research on legal liability attribution. An analysis was conducted on the legal responsibilities of different entities such as express delivery companies, drone manufacturers, and third-party service providers in different situations.
In the future, with the continuous innovation and expansion of the application scope of express delivery drone technology, it is urgent to improve the relevant legal responsibility system. The gradual improvement at the legislative level will provide a solid legal foundation for the development of the industry, and clear division of responsibilities will reduce legal disputes; Strengthening industry supervision and self-discipline can help regulate market order, improve overall industry safety and service quality; Strengthening measures to protect consumer rights and clear channels for safeguarding their rights can enhance consumers' trust in drone delivery services and promote the healthy development of the drone express delivery market. We believe that by continuously improving the legal and regulatory system related to drone express delivery and strengthening the standardized operation process of drone transportation, drone express delivery will achieve safer, more efficient, and sustainable development, injecting strong impetus into the transformation of the logistics industry and better meeting the needs of social and economic development.
1、 The development of express delivery drones and the current situation of package risks
In the first half of 2025, the volume of unmanned aerial vehicle logistics delivery will increase by 286% year-on-year, and it is expected that the market size will exceed 96 billion yuan by the end of the year. The compound annual growth rate is expected to exceed 120% in the next three years. However, due to various factors such as weather, technical malfunctions, and signal interference, drone flights may experience package drops, transportation route deviations, and other situations during the delivery process, resulting in package loss or damage. Although industry participants are actively investing in the development of more reliable drone systems, improving obstacle avoidance algorithms, establishing redundant communication links, and deploying more accurate landing and recovery mechanisms, the safety of packages in the "last mile" of air still faces severe challenges at this stage. Once an accident occurs, it not only causes direct economic losses, but also poses a potential threat to consumer trust and industry reputation. Therefore, while enjoying the efficiency and convenience brought by drone delivery, how to effectively reduce package transportation risks has become an important issue in promoting the healthy and sustainable development of the industry.
2、 Key factors in determining legal liability
（1） The key role of transportation contract
In express delivery services, the transportation contract is the fundamental document that defines the rights and obligations between the courier company and the user. The transportation contract should clearly stipulate that the courier company has the obligation to use drones that meet safety standards to safely deliver the package to the designated location according to the agreed time and route; Users have the responsibility to accurately fill in the recipient information and pay the courier fees in a timely manner. Once the package is lost or damaged, the transportation contract is an important basis for determining responsibility. If the contract clearly stipulates the risk bearing party during the transportation process, and this agreement does not violate mandatory provisions of laws and regulations, it should be followed when determining liability.
（2） The Legal Significance of Insurance Terms
The insurance clause is an important component of the transportation contract, which serves to provide users with an optional risk protection method. After the user selects the insurance service and pays the corresponding fee, if the package is lost or damaged during transportation, the courier company will compensate according to the insurance amount. From a legal perspective, the insurance clause is a manifestation of the autonomy of the parties involved. As long as the courier company provides reasonable prompts and explanations for the insurance clause when providing services, and the clause does not exempt itself from responsibility, increase user responsibility, exclude user primary rights, etc., then the clause has legal effect.
（3） Attribution of Responsibility for Drone Technical Malfunctions
Drone technology malfunction is one of the important reasons for package loss or damage, and its responsibility may involve multiple stakeholders. When technical failures arise from design defects or manufacturing quality issues within the drone itself, drone manufacturers may be held responsible for the corresponding product liability. According to Article 41 of the Product Quality Law of the People's Republic of China, manufacturers are required to compensate users for losses caused by product defects. If the malfunction is due to the fault of the drone operator in the maintenance, upkeep, and operation process, such as failure to conduct regular inspections according to regulations, illegal operations, etc., then the operator should bear the main responsibility. In some cases, it may also involve the responsibility of software suppliers and other related parties, and the division of responsibility should be based on specific circumstances and relevant laws.
（4） Definition and Impact of Force Majeure Factors
Force majeure refers to unforeseeable, unavoidable and insurmountable objective conditions. In the express UAV transportation, common events include natural disasters (rainstorm, gale, lightning, etc.), government actions (temporary flight ban control, etc.), and social abnormal events (epidemic, etc.). When a package is lost or damaged due to force majeure factors, the courier company can usually be fully or partially exempted from liability. But the courier company needs to bear the burden of proof to prove that the loss or damage of the package is indeed caused by force majeure, and has taken reasonable measures to avoid the expansion of losses.
3、 Interpretation of relevant legal provisions
In China, the legal provisions related to express delivery transportation, cargo damage, and loss are mainly concentrated in the provisions on transportation contracts in the contract section of the Civil Code of the People's Republic of China.
Article 809 of the Civil Code of the People's Republic of China clearly stipulates that a transportation contract is a contract in which the carrier transports passengers or goods from the place of origin to the agreed place, and the passenger, consignor or consignee pays the fare or transportation fee. This regulation establishes the basic definition of the transportation contract and the main rights and obligations of both parties. In the scenario of express drone transportation, as the carrier, the express company has the obligation to safely deliver the package to the recipient. If the package is lost or damaged during transportation, it shall bear corresponding responsibilities in accordance with relevant laws and regulations.
Article 832 of the Civil Code of the People's Republic of China stipulates that the carrier shall be liable for compensation for damage or loss of goods during transportation. However, if the carrier proves that the damage or loss of the goods was caused by force majeure, the natural nature or reasonable loss of the goods themselves, or the fault of the shipper or consignee, they shall not be liable for compensation. This clause clarifies the general principles of carrier's liability and exemption reasons, and plays a key guiding role in the determination of liability for lost or damaged packages in express delivery drones.
Article 28 of the Interim Regulations on Express Delivery stipulates that in case of delay, loss, damage or shortage of contents in express delivery, the compensation liability for insured express delivery shall be determined in accordance with the insurance rules agreed upon between the enterprise engaged in express delivery business and the sender; For uninsured parcels, compensation liability shall be determined in accordance with relevant provisions of civil law. This regulation clarifies the compensation rules for different insurance situations in express delivery services, emphasizing the importance of insurance clauses in determining compensation liability.
4、 The legal responsibilities of different parties
（1） Responsibilities and obligations of express delivery companies
As the main body of package transportation, express delivery companies bear core responsibilities in drone express delivery services. In the process of goods storage, from the moment the package is received, the express delivery company has the obligation to properly store the goods, take necessary protective measures, and prevent damage to the goods during storage. In terms of transportation safety, it is necessary to ensure that drones comply with flight safety standards, conduct regular inspections, maintenance, and upkeep of drones, and ensure that they are in good operating condition during the delivery process. At the same time, it is necessary to equip drones with professional operators who have undergone rigorous training, possess professional certificates, operational skills, and the ability to respond to emergencies.
Once a package is lost or damaged, the courier company is usually responsible for compensation. If the package has problems due to errors in drone operation, unreasonable transportation route planning, failure to take effective measures to deal with risks such as adverse weather, or other personal faults, the express delivery company should compensate the user in full according to the contract and relevant legal provisions. In some express delivery service contracts, it is explicitly stipulated that if a package is lost due to the fault of the courier company, compensation for the insured package shall be based on the insured amount; For uninsured packages, compensation will be based on the actual value of the package, but there will generally be a certain compensation limit. At the same time, relevant laws and regulations regarding standard terms must be followed to ensure fair and reasonable compensation.
（2） Potential Responsibilities of Drone Manufacturers
Drone manufacturers may be held responsible for product quality issues that result in package loss or damage. According to Article 46 of the Product Quality Law of the People's Republic of China, if a product has defects, that is, if the product poses an unreasonable danger to personal or property safety, or if the product does not meet national or industry standards that protect human health and personal or property safety, resulting in property damage to others, the producer shall be liable for compensation. If it is determined through investigation that the loss or damage of the package is due to design defects of the drone, such as structural instability leading to disintegration during flight; Manufacturing defects, such as failures caused by substandard component quality; Or indicating defects, such as inaccurate operating instructions, unclear safety warnings, etc., the drone manufacturer shall bear corresponding compensation responsibilities.
Previously, there was a case where a drone manufacturer's drone had a quality issue with the battery and suddenly lost power during delivery, causing the package to fall and be damaged. The manufacturer was held liable for compensation for the resulting losses. After the manufacturer assumed responsibility, the accident involved the fault of relevant parties such as raw material suppliers and component manufacturers, and therefore pursued legal recovery from the raw material suppliers and component manufacturers.
（3） Definition of Responsibilities of Third Party Service Providers
During the delivery process of express drones, third-party service providers such as drone flight service providers may be involved. When third-party service providers participate in delivery services, their responsibilities need to be defined based on specific contract agreements and actual circumstances. If a third-party service provider signs a service contract with a courier company, the contract should clearly define the rights and obligations of both parties in drone flight services, including the execution standards of flight missions, safety measures, and methods of responsibility.
If the package is lost or damaged due to the fault of a third-party service provider, such as the drone pilot's illegal operation, failure to fly according to the scheduled route, inadequate maintenance of the drone, etc., the third-party service provider shall bear corresponding breach of contract or tort liability. If there is a joint fault between the express delivery company and the third-party service provider during the performance of the contract, resulting in the loss or damage of the package, the user has the right to demand that the express delivery company and the third-party service provider jointly bear the liability for compensation. After compensating the user for the loss, the express delivery company and the third-party service provider will then divide the responsibility internally according to the degree of fault.
Conclusion and Prospect
This article explores the role of factors such as transportation contract terms, express delivery insurance, drone technical failures, and force majeure in determining liability for lost or damaged packages in express delivery drones through research on legal liability attribution. An analysis was conducted on the legal responsibilities of different entities such as express delivery companies, drone manufacturers, and third-party service providers in different situations.
In the future, with the continuous innovation and expansion of the application scope of express delivery drone technology, it is urgent to improve the relevant legal responsibility system. The gradual improvement at the legislative level will provide a solid legal foundation for the development of the industry, and clear division of responsibilities will reduce legal disputes; Strengthening industry supervision and self-discipline can help regulate market order, improve overall industry safety and service quality; Strengthening measures to protect consumer rights and clear channels for safeguarding their rights can enhance consumers' trust in drone delivery services and promote the healthy development of the drone express delivery market. We believe that by continuously improving the legal and regulatory system related to drone express delivery and strengthening the standardized operation process of drone transportation, drone express delivery will achieve safer, more efficient, and sustainable development, injecting strong impetus into the transformation of the logistics industry and better meeting the needs of social and economic development.
