Category Archives: Products liability

‘Autonomous Vehicles, Software and Product Liability: Have the Law Commissions Missed an Opportunity?’

“Whether the Consumer Protection Act 1987 (CPA) applies to software is a topic of considerable uncertainty. Since the 1980s practitioners and scholars have debated whether the European product liability regime (Directive 85/374/EEC), which the CPA implements, applies to products with some software smarts – like that in automated industrial tools, aeroplanes and computers controlling nuclear […]

Tiffany Colt, ‘The Resurrection of The Consumer Expectations Test: A Regression in American Products Liability’

ABSTRACT Thirty-five of the forty-six states that acknowledge strict products liability utilize some form of risk-utility analyses to determine whether a product is defectively designed. In two recent court decisions, the supreme courts of Florida and Nevada departed from this majority trend for design defect analyses in product liability. In Aubin v Union Carbide Corp […]

Rizzi and Vicente, ‘Defectiveness and Causation in Vaccine Liability Cases – the Jurisprudence of the Supreme Court of the United States and the Court of Justice of the European Union’

ABSTRACT The reflection we undertake is two-pronged. We analyse the policy arguments put forth in crucial decisions by the European and American highest courts to sanction vaccine-related injuries. In parallel, we investigate the place and role of scientific evidence in the legal framework disciplining liability of vaccine manufacturers. In doing so, we will identify convergence […]

John Harris, ‘The Immoral Machine’

ABSTRACT In a recent paper in Nature entitled ‘The Moral Machine Experiment’, Edmond Awad, et al make a number of breathtakingly reckless assumptions, both about the decisionmaking capacities of current so-called ‘autonomous vehicles’ and about the nature of morality and the law. Accepting their bizarre premise that the holy grail is to find out how […]

‘Lessons from Literal Crashes for Code’

Bryan H Choi, Crashworthy Code, 94 Washington Law Review 39 (2019). Software crashes all the time, and the law does little about it. But as Bryan H Choi notes in Crashworthy Code, ‘anticipation has been building that the rules for cyber-physical liability will be different’ (p 43). It is one thing for your laptop to […]

‘Dieselgate: Germany’s Volkswagen faces first mass lawsuit on home turf’

“Car behemoth Volkswagen will face a German court Monday, as hundreds of thousands of owners of manipulated diesel cars demand compensation four years after the country’s largest post-war industrial scandal erupted. The first hearing in what is likely to be a grinding, years-long trial opens at 10am in Brunswick, around 30 kilometres from VW headquarters […]

Alexander Lemann, ‘Autonomous Vehicles, Technological Progress, and the Scope Problem in Products Liability’

ABSTRACT Autonomous vehicles are widely expected to save tens of thousands of lives each year by making car crashes attributable to human error – currently the overwhelming majority of fatal crashes – a thing of the past. How the legal system should attribute responsibility for the (hopefully few) crashes autonomous vehicles cause is an open […]

Goanta and Siems, ‘What determines national convergence of EU law? Measuring the implementation of consumer sales law’

ABSTRACT Harmonisation and legal convergence are core tasks of the EU. This paper explores the question about the determinants for national convergence of EU law, specifically applied to the ever-growing body of European consumer sales law. The measurement of national convergence is based on a unique coding of five directives in seven Member States. Using […]

Sanna Toropainen, ‘The Expanding Right to Damages in the Case Law of CJEU’

ABSTRACT A network analysis on how the CJEU interprets the right to damages in the fields of data protection, air passenger rights, defective product liability and private enforcement of competition law. Toropainen, Sanna, The Expanding Right to Damages in the Case Law of CJEU (June 29, 2019). Maastricht Faculty of Law Working Paper No 2019-03.

Steven Shavell, ‘On the Redesign of Accident Liability for the World of Autonomous Vehicles’

ABSTRACT 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 […]