Emerging Technology and Product Liability

Consumer products become more advanced each year. More and more Americans are embracing emerging technologies like artificial intelligence, autonomous vehicles, and smart devices. But new technologies come with new risks.

Existing product liability laws may apply to these technologies, but the legal and regulatory landscape has potential gaps in these emerging technologies. If you experience an injury due to a product defect in an emerging technology, contact an experienced product liability attorney in your area.

The Impact of Emerging Technology on Product Liability

Since people began filing product liability claims over 100 years ago, product liability law has continued to evolve. Tort law must address alleged harms caused by products from simple machines to more technologically complex devices. The common law is full of such examples.

As product technology evolves, product liability law has changed to cover new types of products. Courts create new legal precedents to address new technologies.

New Risks and Legal Considerations

The National Highway Traffic Safety Administration (NHTSA) reports that an increasing number of vehicles on the roadways offer some driver assistance features. It also reports that states permit a limited number of self-driving features.

Some indications show that properly tested self-driving cars can avoid non-fatal accidents better than humans. For example, one study from Google’s Waymo compares an automated driving system to human benchmarks.

Public confidence in autonomous vehicles decreased after the 2018 fatal accident involving a self-driving Uber. Even with advanced machine learning in autonomous systems, accidents can happen. As a result of the Uber accident, Arizona suspended Uber’s ability to test self-driving cars on its roadways. Uber received permission to conduct tests in California.

How Existing Laws Apply to New Technologies

Product liability law addresses the legal responsibility of product manufacturers and sellers for personal injuries, property damage, and other financial losses caused by their products. Historically, product liability cases focus on defective products, failure to recall or correct a known safety issue, and inadequate warnings.

Product liability laws generally apply to physical products. However, product installation or maintenance services can also be subject to product liability claims.

According to the Brookings Institution, a nonpartisan, non-profit research organization, policymakers are grappling with an effective regulatory regime to address new technologies such as autonomous vehicles. But victims of self-driving car accidents may have legal options. For example, if a self-driving Tesla caused injury or death, victims or their families can pursue a product liability claim against the company.

Recent Legal Cases and Regulatory Changes

Product liability laws and regulations are evolving. Technological advancements have significantly impacted product liability laws. This is especially true with the rise of artificial intelligence. In response to artificial intelligence, some litigation has shifted to the manufacturer’s failure to design and test their products adequately.

Advances in automated driving systems and drivers using autonomous driving features are leading to changes. Lawmakers in federal and state jurisdictions nationwide are working to update liability and insurance rules. Depending on the situation, new laws seek to hold autonomous vehicle manufacturers and drivers accountable. 

Failure to Warn of Privacy Risks

As more products collect personal data, more information is at risk of being stolen or misused. If a manufacturer fails to warn consumers of the risk, the plaintiff can argue that the manufacturer should be held liable.

Cybersecurity Defects

A product with inadequate cybersecurity protections could be vulnerable to hacking. Examples of cybersecurity defects could involve a hacker’s ability to take control of a driverless vehicle or an automated medical device. Autonomous systems could cause serious accidents or death.

Liability for Third-Party Add-Ons

Manufacturers are responsible for defects in products they sell. They could also be accountable for injuries from manufacturing defects caused by an aftermarket part. A plaintiff could argue that the manufacturer had a duty to design products to be safe with third-party add-ons.

The Potential Impact of Autonomous Vehicles on Automotive Liability

If you get into a car accident today, liability issues usually depend on the human driver’s fault. But what if a self-driving vehicle is in a collision? With fully autonomous vehicles, it isn’t clear who is at fault. Tort liability must be able to apply to self-driving cars, driverless cars, and other new and emerging driving technologies.

Automated vehicles could significantly alter liability insurance and automotive liability as they become widespread on the road. If autonomous cars crash due to defects, errors, or a manufacturing defect in the technology, the automaker or tech company responsible for the autonomous vehicle technology could be liable.

Data privacy is also an issue for car manufacturers and drivers. If you were involved in a motor vehicle accident involving automated driving, you may seek access to data logs and algorithms. This data can help prove that a particular system suffered from a design defect.

Protecting Yourself When Using New Technologies

New technologies continue to evolve. Decide what type of vehicle best meets your needs. Today, available technologies allow a driver to be responsible for operating the vehicle, but an automated system provides continuous assistance. Examples of continuous assistance include cruise control and lane-keeping assistance.

Auto manufacturers must comply with federal motor vehicle safety standards. Many are testing vehicles with higher levels of automation to ensure they operate as intended.

What To Do if You Encounter a Defect

If you or a loved one sustained an injury in a crash involving a self-driving vehicle or another advanced technology, seek legal help. An experienced product liability attorney in your area can help you navigate the complexities of a product liability lawsuit involving advanced technologies.

Getting legal assistance will give you the best chance of recovering compensation for your injuries. Damages could include medical expenses, lost wages, pain and suffering, and wrongful death. Get help today.