Risks associated with autonomous vehicles : a South African perspective

LL.M. (Commercial Law)Abstract: The historical and revolutionary development of the motor vehicle as a mode of transportation stands at the brink of yet another major innovation. A timely innovation, because along with the convenience and efficiency of the motor vehicle as we know it today also came new risks, which resulted in a great economic cost and the loss of many lives. To combat this result, manufacturers of motor vehicles are eliminating the main cause of this problem - the human driver. Enter, the autonomous vehicle (driverless). Although the autonomous vehicle is a novel innovation, the risks associated with these vehicles may still be categorised according to what we already know about the law. From a South African perspective, the general principles of the law of delict may be sufficient to determine liability for patrimonial damages in the event of a collision caused by an AV. In essence, this study seeks to pre-emptively highlight and analyse the application of general the legal liability principles in the event of an ordinary motor vehicle collision and consequently, how such may be applied to a scenario in which a collision caused by an AV. This study will also investigate the potential role of strict liability, under the Consumer Protection Act, in the advent of the AV