Re:Tesla Accounting Chief, HR Head Resign on the Same Day; S...
by dragonwriter on Saturday September 08, 2018 @03:59AM
(#17939987)
> For example, "The driver is still 100% responsible, just as they would be for cruise control" is absolutely not going to impress anyone as a defense if there is enough property damage or personal injury involving such a feature to justify a class action.
Class action vs. direct action is immaterial; Tesla can't disclaim it's liability for manufacturing g defects even if it tried, and stating that the driver remains responsible for following traffic laws isn't even superficially a disclaimer of product defect liability anyway.
Product defect liability is strict liability for damages produced, and there's a fairly high bar for excluding liability due to intervening causes which would not generally apply to the simple negligence of a driver (either of a Tesla or the other involved vehicle) which contributed to a collision where the defective operation of an assist system was also a contributing cause.
Class action vs. direct action is immaterial; Tesla can't disclaim it's liability for manufacturing g defects even if it tried, and stating that the driver remains responsible for following traffic laws isn't even superficially a disclaimer of product defect liability anyway.
Product defect liability is strict liability for damages produced, and there's a fairly high bar for excluding liability due to intervening causes which would not generally apply to the simple negligence of a driver (either of a Tesla or the other involved vehicle) which contributed to a collision where the defective operation of an assist system was also a contributing cause.