Product Liability and Self-Driving Cars

Question 1

How many levels of automation are there and who came up with them?

Answer 1

Five levels, the Society of Automotive Engineers.

Question 2

What are some parties involved when it comes to self-driving cars?

Answer 2

• User.
• Owner.
• Producer.
• Fleet operator.
• Injured party.

Question 3

Are self-driving cars considered products?

Answer 3

Yes.

Question 4

Is software considered a product?

Answer 4

Maybe? One argument is that it is not tangible so it is not. Another is that when it is tangible (such as on a flash drive), it is. Yet another argument is that even over-the-air updates are a product because electricity is a product.

Question 5

Is joint and several liability allowed for self-driving cars?

Answer 5

Yes.

Question 6

How does the safety that is expected play into self-driving cars?

Answer 6

If “autopilot” is advertised, it is misleading – there needs to be sufficient warnings.

Question 7

When is something put into circulation?

Answer 7

When offering it for others to use.

Question 8

What are some defences to the liability for self-driving cars?

Answer 8

• Not in circulation.
• Defect developed later.
• Defect due to regulatory compliance.
• State-of-the-art.

Question 9

What is required to prove product liability?

Answer 9

Damage, defect, and causal relationship.