Advanced Vehicle Control Systems Potential Tort Liability For Developers
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Advanced Vehicle Control Systems Potential Tort Liability For Developers

  • 1993-12-01

Filetype[PDF-429.59 KB]


  • English
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    • Subject/TRT Terms:
    • Resource Type:
      Tech Report
    • Corporate Publisher:
      United States. Joint Program Office for Intelligent Transportation Systems
    • Abstract:
      AUTOMOBILE ACCIDENTS AVOIDED BECAUSE THE AUTOMATIC COLLISION AVOIDANCE SYSTEM APPLIES THE BRAKES, HIGHWAYS WHICH ACCOMMODATE MORE VEHICLES WITH FEWER ACCIDENTS, AND EVEN CARS WHICH ARE PILOTED ENTIRELY BY SOPHISTICATED ELECTRONIC SYSTEMS -- ALL OF THIS AND MORE IS ENVISIONED AS STEMMING FROM THE DEVELOPMENT OF ADVANCED VEHICLE CONTROL SYSTEMS (AVCS). WHILE AVCS EXHIBITS GREAT PROMISE, THE PRIVATE ENTITIES WHICH WILL DESIGN, TEST, AND MANUFACTURE THESE SYSTEMS WILL BE DISCOURAGED IF POTENTIAL TORT LIABILITY FROM AVCS-RELATED ACCIDENTS IS SUFFICIENTLY STAGGERING. AS DISCUSSED BELOW, AVCS MANUFACTURERS, SELLERS, AND DESIGNERS COULD FACE SIGNIFICANT EXPOSURE UNDER EXISTING TORT LAW TO CLAIMS FOR NEGLIGENCE, STRICT PRODUCT LIABILITY, BREACH OF WARRANTY, FRAUD, NEGLIGENT REPRESENTATION, AND FRAUDULENT OR NEGLIGENT ADVERTISING. A VARIETY OF LEGISLATIVE CHANGES TO THE LAW, HOWEVER, COULD DRASTICALLY DIMINISH THAT POTENTIAL TORT LIABILITY, BY PREEMPTING STATE TORT LAW, LIMITING LIABILITY, MODIFYING TORT DOCTRINES, MANDATING ALTERNATIVE DISPUTE RESOLUTION AND VARIOUS OTHER REFORMS.
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