jeewee3000
Active Member
This law might be applied to ABS which is a "known vehicle property", but can it be applied to the airbag scenario I outlined:
?
The outcome of the airbag exploding into your face is not something you could have anticipated in advance, especially if it was marketed as a "safety feature".
There is very little the old lady can possibly do to avoid the negative scenario. It's a pure statistically driven benefits versus disadvantages trade-off, measured and decided by the vehicle manufacturer.
Before airbags were legislated to be mandatory did cars with airbags come with a "if you buy this vehicle the airbags might kill you in some circumstances" disclaimer that was legally enforceable against claims of injury/death?
I'm genuinely curious how the product liability angle was treated for airbags and ABS, because I think that gives us a good answer to how Tesla might approach FSD liability - which is I believe the primary gating factor to unlock driver-less FSD revenue.
Interesting point, but IMO it is a non-issue.
If we may believe Wikipedia (which is of course never, but let's):
From 1990 to 2000, the United States National Highway Traffic Safety Administration identified 175 fatalities caused by air bags. Most of these (104) have been children. About 3.3 million air bag deployments have occurred during that interval, and the agency estimates more than 6,377 lives saved and countless injuries prevented.[113][121]
Deaths or injuries by airbags are rare, so the companies deal with it on a case by case basis. In some cases it could go to Court, in others there could be an agreement.
Airbags were "not illegal" so companies put them in their cars to outperform the competition, advertising safety. (Of course they only released airbags because the design showed them to be safer in most cases than having no airbags). Later on, when the world caught on, they became mandatory.
FSD is different since it IS illegal (to use it handsfree). Putting FSD in cars like Tesla is attempting poses new problems never before encountered.