Automotive Cybersecurity: How Far Does Manufacturers’ Liability Extend?

The tecahnologies built into vehicles are evolving rapidly. But when the technology has vulnerabilities that could be exploited by malicious actors, a question arises: How far does manufacturers’ liability extend? 

In the case of Lacroix v. Toyota Canada Inc., the Superior Court of Québec partially authorized a class action against 13 automakers regarding alleged security flaws in vehicles equipped with smart keys that are vulnerable to relay attacks. The decision raises important issues regarding cybersecurity, consumer protection and manufacturer liability. It also addresses a relatively new question before the courts: the use of artificial intelligence in evidence presented to the court.