Seite - (000610) - in Autonomes Fahren - Technische, rechtliche und gesellschaftliche Aspekte

Product Liability Issues in the U.S. and Associated Risk Management590 group of defense experts they can use to educate jurors about various engineering, infor- mation technology, and safety considerations. Moreover, counsel for manufacturers may want to join specialty bars for defense counsel for purposes of sharing information, briefs, and other work product. Finally, manufacturers can maximize their success in future product liability trials by focusing on effective records and information management (RIM). Effective RIM may win cases, while poor RIM may lose cases. Documents and records produced contemporane- ously with the management of a safety program can corroborate the testimony of witness- es, provide a historical record documenting a manufacturer’s safety efforts, and send the message that the manufacturer cares about safety. 26.6 Conclusions One of the top, if not the top, challenge autonomous vehicle manufacturers face is the risk of product liability suits and recalls in the wake of accidents resulting in deaths and cata- strophic injuries. Lawsuits in which manufacturers appear callous, placing profits over safety, face the risk of huge liabilities. Recent reports about “sudden acceleration” in Toyota cars and problems with General Motors’ ignition switches show that these companies are paying multiple billions of dollars to resolve legal claims. Plaintiffs have a number of claims they can assert against AV manufacturers, although manufacturers may have defens- es as well. Various kinds of defects may crop up with AVs, although problems with soft- ware, logic, autonomous behavior, and programmer decisions on AV behavior in crashes are top concerns. Nonetheless, manufacturers can manage product liability risk through careful planning, a strong commitment to safety, an effective risk management process beginning with a thorough risk analysis, adherence to international standards, obtaining robust insurance coverage, collaboration with other manufacturers, pre-litigation legal strategies, and effective records and information management practices. In sum, the threat of crippling product liability litigation in the United States poses a profound concern for manufacturers of autonomous vehicles, but starting proactive engineering design strategies for safety risk management and legal strategies to anticipate future litigation now can place manufacturers in the best position to maximize product safety and minimize product liabil- ity in upcoming decades. References 1. ALEE, JOHN, et al., PRODUCT LIABILITY § 18.02 (2014) 2. American Law Institute, Restatement (Second) of Torts § 402A(1) (1965) 3. Autonomous Solutions Inc., 5 Key Takeaways from AUVSI’s Driverless Car Summit 2012 (Jul. 12, 2012) 4. Barr, Michael, Rule 26(a)(2)(B) Report of Michael Barr April 12, 2013 in Estate of Ida St. John v. Toyota Motor Corporation, et al., 39, 54, 65 (Apr. 12, 2013)