Connected Automated Vehicles and Australian Consumer Law

Tania Leiman, Mark Brady, Kylie Burns, Kieran Tranter

Research output: Contribution to conferenceAbstract

Abstract

The first claims brought by persons who have sustained injury loss or damage as a result of a CAV are likely to be very complex claims, especially where liability is in dispute, resulting in lengthy expensive litigation. Plaintiffs are likely to explore every possible legal basis for their claim, including the variety of claims available under the Australian Consumer Law (ACL).
Where connected automated vehicles (CAVs) are alleged not to have performed in the manner advertised or expected, or to have a safety defect, a claim for damages under the ACL might be considered in addition to, or instead of seeking other legal remedies. A variety of claims are potentially possible: for personal injuries, loss or damage to other goods, building, fixtures or land. The threshold requirements for these claims are less demanding than claims brought in negligence, and many are strict liability claims. Claims may be brought in relation to goods or services, against manufacturers and/or suppliers. ‘Manufacturers’ is defined expansively and may include a number of entities in the supply chain. The ACL also provides for various statutory guarantees in ‘consumer transactions’ and consumer goods, and prohibits unfair practices including false or misleading representations. Guarantees include that goods are of acceptable quality, fit for purpose, safe, and free from defects.
ACL actions may potentially avoid many of the threshold complications regarding ‘driver’, much more easily allow actions against ‘manufacturers’ under existing CTP and NIIS schemes and further avoid the hurdle of fault present in general recovery through negligence. However, some major concerns arise if the ACL is viewed as a solution to the problem of liability for AVs.
This presentation will identify these concerns and make recommendations about possibilities for future reform in this area.
Original languageEnglish
Publication statusPublished - 2018
EventInternational Driverless Vehicle Summit 2018 - Adelaide Convention Centre, Adelaide, Australia
Duration: 31 Oct 20182 Nov 2018
Conference number: 3rd
https://advi.org.au/event/3rd-international-driverless-vehicle-summit/ (Conference link)

Conference

ConferenceInternational Driverless Vehicle Summit 2018
Abbreviated title3rd IDVI Summit
CountryAustralia
CityAdelaide
Period31/10/182/11/18
OtherThis year, IDVS3 will focus on Accelerating the Mobility Evolution and will be a platform for the world’s preeminent experts on driverless vehicle technology to come together and discover, learn and collaborate with delegates to shape the nature of the worlds transport future.

As the only event of its kind in Australia this is a unique opportunity to listen, network and collaborate with speakers, companies and technology from around the globe, we invite you to join us on this journey by supporting this not-to-be-missed Summit.
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