Actually, that's a good point - I hadn't considered the legal ramifications of such a stance. It's interesting that you mention people seeking damages from the creator of the car's software, because that makes the entire situation more complex.

As for the concept of "safer to the community as a whole" - well, the idea is that they're a safer product overall, and this is mostly targeted at the individual (i.e. "if you own a self-driving car, you're less likely to die"). If people have the knowledge that their cars may (in certain situations) elect to kill them in preference of others, then I doubt that self-driving cars will sell particularly well.