Sit, Stay, Drive: The Future of Autonomous Car Liability

The innovative technology of autonomous vehicles brings an unaddressed legal issue: how will legal liability be assessed when these cars collide with other cars, pedestrians, or property? Current law surrounding liability for automobile accidents largely bases liability on the actions of the driver. Similarly, looking to the liability law governing computers does not address the issue either, as the laws base liability on the actions of the operator of the computer system, and the scant laws related to autonomous computer systems apply only to commercial transactions. This article proposes that the solution to this legal issue lies in treating autonomous cars like man’s best friend, the dog. Dogs and computers are both treated as chattel under tort law, and are similar in that they can act independently, yet are considered property of another. The laws governing canine ownership show that applying strict liability to autonomous car owners accomplishes the dual purpose of fairly assessing liability without hampering the widespread adoption of this marvelous technology.