Open AccessThe Deterrence Case for Comprehensive Automaker Enterprise Liability
Author(s) -
Kyle D. Logue
Publication year - 2019
Publication title -
journal of law and mobility
Language(s) - English
Resource type - Journals
ISSN - 2688-5662
DOI - 10.36635/jlm.2019.deterrence
Subject(s) - restructuring , deterrence theory , liability , automotive industry , tort , business , deterrence (psychology) , law and economics , point (geometry) , economics , actuarial science , law , engineering , finance , political science , geometry , mathematics , aerospace engineering
This Article lays out the potential (at this point purely theoretical) deterrence benefits of replacing our current auto tort regime (including auto products liability law, driver-based negligence claims, and auto no-fault regimes) with a single, comprehensive automaker enterprise liability system. This new regime would apply not only to Level 5 vehicles, but to all automobiles made and sold to be driven on public roads. Because such a system would make automakers unconditionally responsible for the economic losses resulting from any crashes of their vehicles, it would in effect make automakers into auto insurers as well, although such a change will likely lead to some restructuring in how automobiles are insured and sold. Or so I will argue.