How Novel Is Tort Liability for Autonomous Vehicles? – Part 2
In this episode of Driverless, Tod Northman and Emmanuel Sanders continue their discussion with Professor Mark Geistfeld, the Sheila Lubetsky Birnbaum Professor of Civil Litigation at the NYU School of Law, about his groundbreaking performance-based approach to liability for and regulation of Autonomous Vehicles. Professor Geistfeld discusses the “regulatory sweet-spot” for Autonomous Vehicles, and the kinds of claims manufacturers and programmers can expect during this wave of Autonomous Vehicle deployment. Professor Geistfeld further addresses the “bystander problem” and suggests that the problem is not unique to Autonomous Vehicles, but one that transcends all areas of tort.
View MoreFurther Reading
Mark Geistfeld, “A Roadmap for Autonomous Vehicles: State Tort Liability, Automobile Insurance, and Federal Safety Regulation,” 105 Cal. L. Rev. 1611 (2017)
Mark Geistfeld, “The Regulatory Sweet Spot for Autonomous Vehicles,” 53 Wake Forest L. Rev. 101 (2018).
Mark Geistfeld, “How Liable Should Driverless-Car Companies Be for Accidents?,” Time, Apr. 16, 2018, at 13.
Mark Geistfeld, Tort Law and Alternatives: Cases and Materials (Foundation Press 10th ed., 2016) (with Marc A. Franklin, Robert L. Rabin and Michael D. Green).
Mark Geistfeld, Products Liability Law (Wolters Kluwer Law & Business, 2012),
Mark Geistfeld, Principles of Products Liability (Foundation Press; Thomson Reuters 2d., 2011; 1st ed., 2006).
Mark Geistfeld, Tort Law: The Essentials (Wolters Kluwer Law & Business; Aspen Publishers, 2008).
Professor Geistfeld’s biography
Show Notes
0:41 Benefits of federal regulation over regulation by tort.
5:30 Regulatory performance standards promote safety and innovation.
8:41 Exposure to liability based on claims by AV manufacturers/countering user complacency.
12:36 Appropriate standard for liability with regard to monitoring driver complacency.
14:40 Issues relating to commercial car sharing.
16:31 Claims by passengers in AVs against manufacturers.
17:21 Manufacturer/programmer liability to bystanders.