Open AccessStrict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective
Author(s) -
Taivo Liivak,
Janno Lahe
Publication year - 2019
Publication title -
baltic journal of law and politics
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.126
H-Index - 6
ISSN - 2029-0454
DOI - 10.2478/bjlp-2019-0009
Subject(s) - tort , liability , strict liability , legislature , perspective (graphical) , law and economics , estonian , self driving , law , dangerous driving , business , political science , computer security , computer science , economics , engineering , automotive engineering , artificial intelligence , linguistics , philosophy
In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle to heightened tortious no-fault liability, i.e. strict liability. The development and possible introduction of self-driving vehicles pose a challenge also for tort law, because it is unlikely that self-driving vehicles will not cause any damage to third parties. With the application of strict liability in mind, this article attempts to identify possible differences between damage caused by a conventional vehicle as opposed to that caused by a self-driving vehicle. In light of this developing technology the key legislative question to be answered is whether the introduction of self-driving vehicles calls for, among other things, the revision of strict liability rules. Answers to these questions are sought mainly based on Estonian tort law.