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ARTICLE · 29 AUGUST 2018

The Sensor: Legal Insights Into Autonomous Vehicles - August 2018

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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In litigation, aviation defendants often face an uphill battle in persuasively educating the Judge, Jury and opposing counsel as to how aircraft fly given the complexity of their systems.

CanadaTransport
Katherine Ayre
Katherine Ayre
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In litigation, aviation defendants often face an uphill battle in persuasively educating the Judge, Jury and (on occasion) opposing counsel as to how aircraft fly given the complexity of their systems. This battle could be expected to intensify as Artificial Intelligence ("AI") and automation become more fully imbedded within aircraft and UAVs, losses occur and court cases commence. What is expected to continue, however, is the traditional trend of litigating against manufacturers of aviation autonomous technology based on the product liability allegations of negligent design, manufacture and installation. But as the systems become more complex together with their interface with human interaction, questions arise as to whether manufacturers and end users will be targeted following alleged failures in their "duty to warn" and/or "duty to train" on autonomous technology.

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