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

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

By: Taivo Liivak and  Janno Lahe  
Open Access
|Mar 2020

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.

Language: English
Page range: 1 - 18
Submitted on: Oct 21, 2019
Accepted on: Dec 19, 2019
Published on: Mar 12, 2020
Published by: Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2020 Taivo Liivak, Janno Lahe, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.