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ARTICLE · 25 JANUARY 2019

Self-Driving Cars Will Likely Increase Product Liability Litigation

Wilson Elser Moskowitz Edelman & Dicker LLP
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Supporters of autonomous vehicles, or self-driving cars, often claim they will make our roads safer by removing human error from the driving equation.

United StatesConsumer Protection

Supporters of autonomous vehicles, or self-driving cars, often claim they will make our roads safer by removing human error from the driving equation. However, critics of this new technology argue that the complexity of these machines will increase the potential for product defects to occur, which may mitigate some of the safety benefits derived from taking the potential for human error out of the act of driving a vehicle. One way to conceptualize the product liability risks that are unique to self-driving vehicles as opposed to the traditional human-operated vehicle is to think about the complexity involved in designing and manufacturing an autonomous vehicle.

In the case of the traditional automobile that is operated the old-fashioned way, by a driver, the manufacturers face the risk that the vehicle could be involved in an accident, and the claim could be made that a defective component of the vehicle failed to prevent the accident or caused the accident in the

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