Professional Liability after Quantum Leaps in Technology: The Advent of Autonomous Vehicles and Technology's Uncertain Fit within Existing Tort Law
Posted: 20 Oct 2015 Last revised: 3 Mar 2018
Date Written: October 19, 2014
Abstract
The clash between “technocratic regulatory aspirations and the legal culture” that pervades the technology industry has been the locus of political debate, the darling of scholarly intrigue, and the thorn in industry’s side since before the release of Henry Ford’s Model-T. This paper embraces the idea that the 'clash' is not necessarily a problem of rapid innovation, but one of slowly developing law in the United States. The historically-proven reluctance of government to adapt to, and evolve with, progressing technologies is belied by the predictable eventuality that such radical innovations are deemed household items. Jerry Mashaw articulated this point, stating: 'The problem may not be that law misunderstands and misapplies science, but that we have misunderstood law.' This paper proceeds on the assumption that there is a workable adaption of the existing legal framework to usher in this new era of technological advancement. Government needs but choose a complimentary path to facilitate safely these creations which ultimately enhance the quality of human life.
Keywords: autonomous, vehicle, tort, liability
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