Research On Product Liability Of Autonomous Vehicle

The research on the tort liability of autonomous vehicles shall be based on the classification of vehicles.When the L0-L2 level automatic driving vehiclesare involved in a tort accident,there is no doubt that the mode of " Traffic accident liabilities and product liabilities" are applicable,but the L3-L5 level automatic driving vehicles is difficult to apply,and the mode of "the owner’s liabilities and the product liabilities" has become the consensus of the academic circles.However,automatic driving vehicles are not highly dangerous objects required by"the owner’s liabilities.Therefore,the importance of product liability will be hitherto unknown.Autonomous vehicles are "products" in the legal sense.However,due to the highly complex,high autonomy and unpredictable behavior of automaticdriving vehicles,applying the current product liability system to autonomous vehicles will lead to a series of problems.In terms of product defects,product defects of autonomous vehicle are classified and their respective determination criteria are defined,such as "risk-utility" as identification standard;for product manufacturing defects,"expected design deviation","fully reasonable" and "case identification and comprehensive judgment".In order to reduce the burden of proof on the causal relationship of the autonomous vehicle,the rule of proof of inversion of the burden of proof should be clearly adopted.In terms of responsibility subject,autonomous driving automobile product liability subject shall include producers including software design developers,hardware equipment manufacturers,vehicle manufacturers,sellers,intelligent application auxiliary and vehicle modification,the subject to external joint and several liability,internal according to the product defect type,by the specific responsibility for the final responsibility.In terms of liability principle and defense,it is clear that the consideration of fault factors in product defect identification does not affect the strict liability to the producers of autonomous vehicles;and further clarify that the development risk defense based on fault elements does not conflict with the strict liability of the producer.The producers of autonomous vehicles can still propose the exemption reasons for the development risk defense,but this should be strictly limited.Finally,in order to balance the interests and risks between victims and producers,we should improve industry compensation fund.