Page - (000605) - in Autonomes Fahren - Technische, rechtliche und gesellschaftliche Aspekte

58526.4 Claims and defenses in product liability cases the skill and judgment of the seller to select and furnish suitable products, the law will recognize an implied warranty that the product will be fit for that purpose. For instance, if a truck buyer tells a dealer’s sales representative that the buyer seeks a pickup that will be able to tow a trailer through mountainous off-road terrain, then the dealer is deemed to have warranted that the truck recommended by the sales representative can, in fact, tow the trailer off-road in the mountains. 26.4.4 Claims under consumer protection laws Plaintiffs sometimes assert product liability claims under various consumer protection laws. State laws vary, and some states do not permit these laws to be used for personal injuries [1]. They are commonly used when plaintiffs seek redress for alleged economic or financial losses, such as the diminution in the value of their products due to the alleged defect. Examples include California’s Unfair Competition Law (UCL) [8], False Advertis- ing Law (FAL) [8], and Consumer Legal Remedies Act (CLRA) [9], as well as equivalent laws in other states. Claims under these statutes typically require plaintiffs to prove: ‡ A violation of the statute occurred ‡ That causes ‡ Injury to a consumer. For instance, the UCL prohibits unlawful, unfair, or fraudulent business acts or practices. The FAL bars untrue or misleading advertising practices. The CLRA prohibits a list of unfair business practices, such as misrepresenting the characteristics and qualities of a product. 26.4.5 Types of defects at issue in autonomous vehicle litigation We do not yet have examples of cases filed against AV manufacturers to say what kinds of alleged defects will likely result in litigation. Nonetheless, the history of automotive litiga- tion, discussions with those in the industry, and judgments about what is likely to come suggest that there will be many sources of potential defects that may give rise to product liability litigation. AVs will share some of these sources of defects with conventional vehicles, but some of them will be unique to AVs. The lists of potential defects in this section are not meant to be exclusive, and there are many possible sources of defects in conventional and autonomous vehicles. Some possible design defects13 that AVs will have in common with conventional vehicles include: 13 Another issue for manufacturers of finished products concerns their supply chains. Counterfeit or defective components may introduce manufacturing defects into AVs.