Smart Product Liability: Issues And Challenges

Introduction

In 2023, where do we stand in terms of liability where smart products are concerned?

The rules governing product liability set out in the Civil Code of Québec were introduced early in the 20^th century in response to the industrial revolution and the growing number of workplace accidents attributable to tool failures.¹ Needless to say, the legislator at the time could not have anticipated that, a century later, the tools to which this legislation applied would be equipped with self-learning capabilities enabling them to perform specific tasks autonomously.

These "smart products," whether they are intangible or integrated into tangible products, are subject to the requirements of general law, at least for the time being.