ABSTRACT
The integration of Autonomous Marine Vehicles (AMVs) into maritime operations raises critical questions regarding tortious liability in collision scenarios. This paper examines the limitations of the traditional fault-based liability framework when applied to AMVs, given their autonomous nature. In response to the challenges of attributing fault without human involvement, the paper proposes a paradigm shift towards strict liability. By advocating for a system that holds manufacturers, operators, and owners accountable, irrespective of fault, this paper aims to align the legal framework with the distinctive features of autonomous maritime technology. Drawing insights from existing legal precedents and international conventions, the suggested move to strict liability is evaluated for its potential impact on stakeholders. This contribution to the discourse on tortious liability in autonomous marine vehicle collisions underscores the need for a nuanced legal approach that accommodates the complexities of this emerging technology.
Mwakisoma, Mesiya Peter and Ma, Mingfei, Tortious Liability for Autonomous Marine Vehicles Collisions: A Suggestive Move from Fault-Based to Strict Liability. Posted to SSRN 16 January 2025.
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