Edit: Updated wording to make it less confusing. From system to whoever created the self driving tech.
> ... at some point in time along the technological advancement of self driving technology we'll have to stop blaming ourselves.
No we don't. We built it, so we're responsible for it and the consequences associated with its operation, regardless of how well it's engineered or how smart we think we are.
If you buy a chainsaw, you can trust it has certain safety features. If you buy a children’s toy, you can trust it doesn’t use lead paint, etc.
Those aren’t features you, as a consumer, have to explicitly test for before using them.
Similarly, I think society will demand that cars behave as cars, and not as projectiles. If a manufacturer claims a car has auto-pilot, but that auto-pilot has a tendency to rear end other cars, the manufacturer should carry at least some blame.
I think that should be true even if they explicitly mention that problem in the instruction manual. Certainly in the EU, whatever you buy, you can assume it is “fit for its purpose”.
To continue your analogy Chainsaw manufacturers include clear instructions, and directions to use safety PPE.. if a operator of the chainsaw fails to follow the instructions, or where the PPE and chops their leg off the manufacturer is not liable.. Hell even if they did follow the instructions and chop their leg off it would be unlikely the manufacturer would be liable.
Yes...
We already have examples of this with machinery that is automated. The Humans in charge of these automated machines are responsible for monitoring them, and have things like emergency shut downs, and various other safety protocols to shut them down when (not if When) they do unexpected things.
Machines are machines, they fuck up. The manufacturers are not held liable because the know these types of abnormal conditions exist they is why they have the safety protocols and human minders.
An example of this is the auto manufacturer i believe in TN or TX that did not train the operators properly on the safe way to operate, and lock out a machine, this failure to train lead to human injury. The manufacturer of the robot was not liable, the company that failed to train the human staff was.
Your example on the other hand is not relevant to the situation at hand, it misconstructs the problem. The machine required trained operators to operate the machine, driving a car requires a trained operator but that is where the similarities stop. You don't need any additional training to operate autopilot. If someone without a license sits behind the steering wheel they're at fault cause they're not supposed to drive the car in the first place, this would be an analogous situation. Yours, as pointed out, is not.
Let us not forget my original argument. Where I said that this is the current legal situation, I just think that this will change in the future if autonomous actions (driving or other behaviors) keep improving. I believe we have reached a point where it's not necessarily clear anymore who is in the wrong. Not in a legal sense, the law tends to run after the facts. More in a moral sense.
“Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.”
A specific example is https://en.wikipedia.org/wiki/Escola_v._Coca-Cola_Bottling_C.... : somebody uses a soda bottle as intended, gets hurt, and wins a case against the manufacturer of the bottle.
If you don’t follow instructions, that still can happen, but it will be harder to argue that a problem originated with the manufacturer.
Tesla's own marketing disagrees with this. Here's what Tesla says they mean when they say "Autopilot" and "Full Self-Driving":
> The person in the driver’s seat is only there for legal reasons. He is not doing anything. The car is driving itself.
[1] https://www.tesla.com/videos/autopilot-self-driving-hardware...
I can speculate from people sleeping when driving Teslas that there are some drivers that interpret the marketing and documentation contradiction as "the laws forced Tesla to add this warnings in the documentation, Elon said autopilot is OK".
1 marketing message" Autopilot works and stupid politics forces us to release it with this tons of boilerplate warnings and having to pay attention"
2 the actual disclaimers the car will show you
this drivers chose to believe 1, this is obvious that marketing is undermining the reality, so IMO Elon and his marketing should be criminally responsible for undermining their own official message.
That's my point. The company that built the self driving technology should be held responsible. If you're not driving you're not responsible, that's how it works when somebody else is driving your car as well so why would it be any different if that somebody else is code? It seems like a good way to align the incentives to create a safe system. You could claim that at this point in time you still have to pay attention and take control when necessary, the issue I have with that argument is that we already have research showing us that the context switch results in a delay that's too long to be really useful in practice.
If your toaster blows up and kills someone a solid case against the maker of toasterb
But yeah, they shouldn’t call it that.
I drive a Tesla Model 3, but I have sufficient grey matter to understand that AutoPilot, in spite of its name, is SAE level 2 (see above reference). If the car is involved in an impact either something hit me, or I hit something - no blame attaches to the computer, because I’m still in charge. Given the current state of the art, I’m perfectly happy with that and bloody livid at anybody who is dumb enough to buy/lease and drive one of these amazing machines without being constantly and totally aware of their limitations.
Hard disagree.
This is the same as identity theft, where it becomes your responsibility instead of a failure on the part of the bank to protect your account, and the burden gets shifted entirely onto the consumer.
Relevant Michell and Webb: https://www.youtube.com/watch?v=CS9ptA3Ya9E
If Tesla sells a SAE Level 2 lane following / accident avoidance feature which should be able to stop and avoid rear end collisions, yet it causes rear end collisions, they must be liable for that failure. They can't just write words and shift all liability onto the consumer for the software failing to work properly. Nice try though.
And I don't care if the consumer technically agreed to that. If someone smacks into me with Autopilot enabled, I never consented to that technology and didn't give up my rights to sue Tesla.
Also, how is the bank supposed to protect your account if you give your login information away to a criminal? There are a non-negligible amount of cases where the consumer compromises their accounts themselves. The responsibility lies on both. The burden often isn’t placed on the consumer either. Merchants are often the ones that pay the highest price.