The Driverless Commute: Product liability law in Germany for Level-3 (high automation) AVs

Introduction and overview of applicable law

The success of the upcoming launch of Level 3 (highly automated) vehicles in Germany, targeted for year of 2020, will depend not only on technologically flawless equipment, but also compliance with product liability and safety standards. This briefing provides an overview of a manufacturer’s obligations under product liability, and corresponding tortious producer liability, law in Germany.

Within the framework of manufacturer’s liability for defective products, there are various regulations under which the manufacturer is liable for any damage incurred. The most important civil law principles here are (1) product liability under the Product Liability Act and (2) tortious producer liability under the German Civil Code.

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