作者
Michael Chatzipanagiotis
发表日期
2021/6/26
图书
EU Internet Law in the Digital Single Market
页码范围
581-603
出版商
Springer International Publishing
简介
Automated vehicles combine software and hardware components in an integrated system. Over-the-air (OTA) updates are a practical method for manufacturers to rapidly deliver system updates. However, such updates may create legal implications, because they may not function properly or create malfunctions or not be delivered in time to solve critical problems. This chapter examines such implications from the perspective of manufacturer third-party liability, under the Product Liability Directive (Directive 85/374/EEC) and the tort of negligence, as applied by English courts. The special statutory rules enacted in the UK and Germany are also considered. It is concluded that claimants will face significant challenges in establishing liability for OTA updates, especially from an evidentiary perspective, and that the most appropriate solutions should be insurance based.
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