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ARTICLE · 25 JULY 2019

Autonomous Vehicles In Canada: Are Liability Rules Being Affected By Horses, Elevators And Autopilots?

Gowling WLG
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It wouldn't be the first time the common law turned to equestrian custom for key insights on tort liability standards. Entire works have, in fact, been written on the topic, like Clifford Pannam's

CanadaTransport

In 10 years, I think, almost all cars produced would be autonomous.

It will be like having a horse. People have horses, which is cool. There will be people who have

non-autonomous cars, like people have horses. It would just be unusual to use that as a mode of transport.

- Elon Musk, Tesla CEO, National Governors Association Summer Meeting, 2017

It wouldn't be the first time the common law turned to equestrian custom for key insights on tort liability standards. Entire works have, in fact, been written on the topic, like Clifford Pannam's The Horse and the Law. It is therefore no surprise that a significant amount of case law exists on the topic in Canada: people getting kicked by horses, the care veterinarians give to horses, or, perhaps most common, horses being spooked by automobiles and causing damage to persons and/or property. 

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