<abstract xmlns="http://www.w3.org/1999/xhtml"><p>In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle to heightened tortious no-fault liability, i.e. strict liability. The development and possible introduction of self-driving vehicles pose a challenge also for tort law, because it is unlikely that self-driving vehicles will not cause any damage to third parties. With the application of strict liability in mind, this article attempts to identify possible differences between damage caused by a conventional vehicle as opposed to that caused by a self-driving vehicle. In light of this developing technology the key legislative question to be answered is whether the introduction of self-driving vehicles calls for, among other things, the revision of strict liability rules. Answers to these questions are sought mainly based on Estonian tort law.</p></abstract>

In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle to heightened tortious no-fault liability, i.e. strict liability. The development and possible introduction of self-driving vehicles pose a challenge also for tort law, because it is unlikely that self-driving vehicles will not cause any damage to third parties. With the application of strict liability in mind, this article attempts to identify possible differences between damage caused by a conventional vehicle as opposed to that caused by a self-driving vehicle. In light of this developing technology the key legislative question to be answered is whether the introduction of self-driving vehicles calls for, among other things, the revision of strict liability rules. Answers to these questions are sought mainly based on Estonian tort law.

Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle...

Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective

Published Online: Mar 12, 2020

Page range: 1 - 18

Received: Oct 21, 2019

Accepted: Dec 19, 2019

DOI: https://doi.org/10.2478/bjlp-2019-0009

Keywords
Self-driving vehicles, self-driving cars, autonomous vehicles, autonomous and connected vehicles, driving automation, strict liability, no-fault liability

© 2019 Taivo Liivak et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective

Published Online: Mar 12, 2020

Page range: 1 - 18

Received: Oct 21, 2019

Accepted: Dec 19, 2019

DOI: https://doi.org/10.2478/bjlp-2019-0009

KeywordsSelf-driving vehicles, self-driving cars, autonomous vehicles, autonomous and connected vehicles, driving automation, strict liability, no-fault liability

© 2019 Taivo Liivak et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Self-driving vehicles, self-driving cars, autonomous vehicles, autonomous and connected vehicles, driving automation, strict liability, no-fault liability