TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, August 23, 2019

Shavell on Liability for Autonomous Vehicle Accidents

Steven Shavell has posted to SSRN On the Redesign of Accident Liability for the World of Autonomous Vehicles.  The abstract provides:

This article proposes a scheme of liability that would desirably control accident risks in the coming world in which motor vehicles will be autonomous. In that world, travelers will not be drivers, rendering liability premised on driver fault irrelevant as a means of reducing accident dangers. Moreover, no other conventional principle of individual or of manufacturer liability would serve well to do so. Indeed, strict manufacturer liability, recommended by many commentators, would actually tend to leave accident risks unchanged from their levels in the absence of liability. However, a new form of strict liability – the hallmark of which is that damages would be paid to the state – would be superior to conventional rules of liability in alleviating accident risks and would be easy to implement.

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