Abstract

First, this paper describes autonomous vehicles (also known as self-driving cars) and artificial intelligence (the software that helps them function). Second, this paper forecasts autonomous vehicles’ relationship with products liability law, since it is a new technology—no current case law exists.1 Third, instead of complex litigation under a risk-utility analysis, this paper proposes a federal preemption of state tort law for autonomous vehicles that mandates car manufacturers to buy liability insurance for their customers, so that when an accident involving an autonomous vehicle occurs, a no fault recovery would be available to those injured by a malfunction under a federal insurance policy.

As it stands today, the design defect test that courts use for products liability is not tailored enough to meet the complex intricacies of autonomous vehicles with artificial intelligence, and a legislative exception should be made. I argue that a no-fault system would be particularly useful for this unique frontier of technology because it would: 1.) ensure the stability and growth of fledgling autonomous vehicle companies, making them avoid the cost and institutional distraction associated with litigation and pay only enumerated damages to injured plaintiffs when an accident happens involving their cars and 2.) guarantee compensation for the injured, regardless of whether artificial intelligence is negligent or legal cause of the accident is difficult to prove.

How to Cite:

Anthony Paolino III, The Ultimate Insurance Policy: Autonomous Vehicles and Artificial Intelligence, a Statutory Proposal for a Complicated Product, 3 Ariz. L. J. Emerging Tech., no. 1, 2018, https://doi.org/10.2458/azlawjet.5499