This market briefing will consider how product liability will apply to AVs (and other new tech) followed by a break out session to consider a case study, concluding with a Q&A session.

Description

Technology is evolving rapidly which will result in a profound effect on businesses globally. However, with this growth comes risk – what cover is to be in place should the worst happen and how do we cover future product liability?

At this market briefing, we welcome our guest speakers who will cover the facts and identify the key areas regarding product liability:

1. Lack of clarity as to whether definition of product in CPA and ‘goods’ in SOGA includes software

2. What level of safety is public entitled to expect in AI/software controlling AV?
1. Does public expect bugs (which can be fixed later via updates)?
2. Could a manufacturer argue that overall a vehicle is safer than a human driver even though it crashes in some limited circumstances (Wilkes/Gee type argument)?

3. Should the assessment of safety be limited to when the AV was first supplied or ongoing, taking into account updates (or a failure to update)?
1. Is there in fact an obligation on manufacturers to update AVs in response to changing standards and expectations? If so, for how long?
2. To what extent is the user required to download updates? Could it be a defence if a manufacturer issues an update but the user does not install it?
3. How does development risk/state of art defence apply?

4. Limitation issues:
1. Does an over the air software update constitute a product in its own right?
2. If not, when should limitation start to run for a product that has been updated?
3. What is the position if a product is updated after the expiry of a limitation period?

Speakers

• Karishma Paroha, Legal Director, Kennedys
• Daniel West, Partner & Head of Product Liability, Horwich Farrelly Limited