Liability Arising from Autonomous Vehicles
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Abstract
In the context of our rapidly advancing technological landscape, autonomous vehicles emerge as a prominent illustration of technological progress. This study centers on autonomous vehicles as embedded systems, combining computer software with vehicular systems, and explores the intricate of liability issues concerning drivers, owners, and manufacturers in this domain.
The article delves into two key facets of strict liability law: tort law defined by Section 437 of the Civil and Commercial Code of Thailand, and liability laws applicable to unsafe products, with a particular focus on level 5 of autonomous vehicles. Adopting an international perspective, the study draws comparisons with Estonia, a renowned hub for computer technology.
The findings reveal that Section 437 of the Thai Civil and Commercial Code can still be applied in autonomous vehicle cases, typically holding vehicle owners responsible in accidents involving individuals. However, this legal provision has limitations and does not encompass all possible scenarios. Consequently, the article expands its scope to encompass Thailand’s broader product liability laws, which take a more comprehensive approach, covering all parties involved in the production and distribution of defective products.
A significant revelation is that manufacturers of computer software used in autonomous vehicles in Thailand may not bear liability under current legislation, especially in the case of packaged software. To address this gap in liability, the author recommends amending Section 4 of the Product Liability Act to explicitly include computer software within the legal definition of a product. Such an amendment would ensure that all entities in the distribution chain are held to the same liability standards as physical products, thereby holding them accountable for safety concerns associated with their autonomous vehicle software products. This amendment seeks to create a more robust legal framework that keeps pace with the evolving technology landscape.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Book
Michael J. Pont, Embedded C (London: Pearson, 2002).
Legislations
Thai Civil and Commercial Code B.E. 2468 (1925).
Thai Product Liability Act B.E. 2551 (2008)
Thai Computer-related Crimes Act B.E. 2550 (2007).
Thai Copyright Act B.E. 2537 (1994).
Estonian Law of Obligations Act 2001.
Websites
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