Products Liability and Driverless Cars: Issues and Guiding Principles for Legislation

John Villasenor

This paper provides a discussion of how products liability law will impact autonomous vehicles, and provides a set of guiding principles for legislation that should —and that should not—be enacted. In some very specific, narrow respects, state-level legislative clarity regarding autonomous vehicle liability can be beneficial. Vehicle manufacturers that sell non-autonomous vehicles, for example, should not be liable for defects in third-party vehicle automation systems installed in the aftermarket. But broad new liability statutes aimed at protecting the manufacturers of autonomous vehicle technology are unnecessary.