Liability Issues in Autonomous Vehicles: Operator, Manufacturer, Driver, and Infrastructure
Explore the complex liability landscape surrounding autonomous vehicles, covering the roles of operators, manufacturers, drivers, and infrastructure owners. The discussion includes legal aspects, insurance concerns, data protection, and public law issues in the Czech Republic.
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Presentation Transcript
Autonomous vehicles and AI: A Question of Liability Prague, 25th October 2021 Autonomous Vehicles: A Question of Liability Eva Fialov Institute of State and Law of the Czech Academy of Sciences Project Civil liability for the operation of autonomous vehicles supported by the Technology Agency of the Czech Republic
Our Project Identifying relationships and their liability regimes Various actors in the lifecycle and operation of the autonomous vehicle Difference between L3 and L5 Problem of multi-casual damage Problem of impossibility to ascertain a cause of damage Insurance Data Protection Public Law Issues: cybersecurity, product safety, certification
Operator The operator should be primary liable for damage Operator has economic benefits Impossibility to find a cause of damage but necessity to indemnify victims and injured Czech Civil Code: strict liability of the operator of a vehicle in principle satisfactory for AV Right of regression against other actors Accidents will mostly occur due to technical defects or/and wrong data assessment
Manufacturer The current product liability directive is not applicable on AV The manufacturer will be responsible for design, construction and initial software setting Emphasis of precautionary obligation: new technology, lack of standards obligation to design products in the way they do not cause damage Product safety and recall
Driver The driver will have to take control of the vehicle whenever called by the system. Liability for damage in case lack of a call should driver be liable for not having taken the control? Allowed activities Liability for damage caused during a safety maneuver after the control had not been taken?
Owner of the physical infrastructure Quality of infrastructure is curtail for operation of AV The law/technical standards for roads In the Czech law - exclusion of liability for damage caused by the state of construction and technical state of the road should be revised Role of precautionary obligation
Provider of data infrastructure Incorrect data/wrong assessment of correct data by the system Data is a thing in legal sense damage caused by the incorrect data could be considered as damage caused by a thing, incorrect output of correct data is not covered Incorrect data data that do not reflect the situation/circumstances Incorrect assessment of data correct data wrongly assessed by the system Liability for incorrect data and incorrect output
Autonomous vehicles and AI: A Question of Liability 25th October 2021 Questions?
