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There have been various discussion over the years of adopting and modernizing the model of Equine law , which dealt with injuries from horse & carriages another
by molticrystal 2y ago
There have been various discussion over the years of adopting and modernizing the model of Equine law , which dealt with injuries from horse & carriages another type of autonomous / semi-automnomous vehicles.
In this case in resolving do the people behind the vehicle share some of the blame.
An excerpt from: https://www.forbes.com/sites/rahulrazdan/2020/01/07/horses-equine-law-and-the-future-of-the-autonomous-vehicle-legal-framework/ https://www.forbes.com/sites/rahulrazdan/2020/01/07/horses-e...
>How does the legal system adapt to new technologies? Generally, this is done by constructing new legal theories that should not conflict with older models and also have characteristics of stability and rationality. What might be the potential legal theories for Autonomous Vehicles? Here are the current candidates:
>Negligence: Today, a typical example includes impaired driving. An impaired AV?
>Negligent Entrustment of Vehicles: Here the driver was negligent, but the owner is liable because they should not have trusted the driver. Can you be found negligent if you trust your Tesla AutoDrive?
>Res Ipsa Loquitur: In this theory, (“the thing that speaks for itself”) the accident would not have occurred if not for some action from the plaintiff. By applying this logic, the plaintiff caused the accident because they became startled by an AV homing features because it was surprising.
>Product Liability and Warranty: Are there implied warranties associated when you buy an AV? Can it be proven that some AV vendors are safer than others? If so, do all AV vendors have to come to some standard ?
>At this point, it is not clear which theory may apply. However, we may gain insight from a very old body of law — Equine Law. Horses were the original autonomous vehicles and for many centuries, the court system had to deal with horse-related accidents.
And while probably not applicable a guy texting, an earlier paper from 2012 which explores an interesting aspect about horses in a frightened state which is akin to the vehicle making its own decision in a crisis scenario:
"Of Frightened Horses and Autonomous Vehicles: Tort Law and its Assimilation of Innovations"
https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1170&context=facpubs https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?artic...