{"id":1305,"date":"2023-11-10T22:53:43","date_gmt":"2023-11-10T22:53:43","guid":{"rendered":"https:\/\/artsci.case.edu\/fridaylunch\/?p=1305"},"modified":"2024-06-10T22:54:35","modified_gmt":"2024-06-10T22:54:35","slug":"whos-legally-responsible-when-self-driving-cars-go-eyes-off","status":"publish","type":"post","link":"https:\/\/artsci.case.edu\/fridaylunch\/2023\/11\/10\/whos-legally-responsible-when-self-driving-cars-go-eyes-off\/","title":{"rendered":"Who\u2019s Legally Responsible When \u201cSelf-Driving\u201d Cars Go \u201cEyes Off?\u201d"},"content":{"rendered":"\n\n\n
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\"college
\nCenter for Policy Studies
\nPublic Affairs Discussion Group<\/span><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
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Who\u2019s Legally Responsible When \u201cSelf-Driving\u201d Cars Go \u201cEyes Off?\u201d<\/span><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
\n

\"headshot\"<\/p>\n

Cassandra Burke Robertson, JD – John Deaver Drinko \u2013 BakerHostetler Professor of Law<\/strong><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
Friday November 10, 2023
\n12:30-1:30 p.m.
\nMeeting Both In-Person and by Zoom
\nDampeer Room, Second Floor of Kelvin Smith Library<\/strong><\/span>*<\/strong><\/span>
\nCase Western Reserve University<\/strong><\/span><\/p>\n

Dear Colleagues:<\/span><\/p>\n

Our topic this week sits at the intersection of law and technology \u2013 though how it handles intersections is also part of the topic!<\/p>\n

It was introduced pretty well by the\u00a0Washington Post<\/em>\u00a0on October 6 when it<\/span>\u00a0reported that<\/u><\/span><\/a>,<\/p>\n

\u201cThe sun had yet to rise in Delray Beach, Fla., when Jeremy Banner flicked on Autopilot. His red Tesla Model 3 sped down the highway at nearly 70 mph, his hands no longer detected on the wheel.
\n\u201cSeconds later, the Tesla plowed into a semi-truck, shearing off its roof as it slid under the truck\u2019s trailer. Banner was killed on impact.
\n\u201cBanner\u2019s family sued after the gruesome 2019 collision, one of at least 10 active lawsuits involving Tesla\u2019s Autopilot, several of which are expected to go to court over the next year. Together, the cases could determine whether the driver is solely responsible when things go wrong in a vehicle guided by Autopilot \u2013 or whether the software should also bear some of the blame.
\n\u201cThe outcome could prove critical for Tesla, which has pushed increasingly capable driver-assistance technology onto the nation\u2019s roadways far more rapidly than any other major carmaker\u2026\u201d<\/p>\n

Tesla\u2019s simplest defense has essentially been that it told drivers to pay attention, so if there is a problem it\u2019s their fault. But that is definitely not an airtight defense. For example, in one case a tire exploded when the driver exceeded 100 miles an hour in his Mercury Cougar. Ford and Goodyear argued they were not responsible because the driver\u2019s manual warned against going faster than 90 miles an hour. The Louisiana judge ruled that as the car was designed to go faster, the company should be expected to include tires that would handle the speed. As a\u00a0Harvard Business Review<\/em><\/span>\u00a0article<\/u><\/span><\/a>\u00a0summarized, \u201cas a manufacturer, you have to design your product to be safe in all the ways people are likely to use it.\u201d<\/p>\n

Tesla\u2019s situation, however, is only one version of the issue. Mercedes is now introducing a \u201cDrive Pilot\u201d system that is supposed to be much more autonomous than Tesla\u2019s,<\/span>\u00a0designed for hands-free, eyes-off driving especially in heavy traffic situations<\/u><\/span><\/a>. This is limited to roads in California and Nevada that Mercedes-Benz has mapped, but Mercedes says it will take liability \u201cas long as the user operates Drive Pilot as designed.\u201d Which sounds nice but clearly also leaves room for interpretation.<\/p>\n

There are many reasons why self-driving vehicles may seem frightening to some but attractive to others. They have been implemented most fully in San Francisco, where there are fleets of self-driving taxis, and<\/span>\u00a0well-publicized reports<\/u><\/span><\/a>\u00a0of accidents. We should remember that human drivers have lots of accidents too. But we certainly have a fascinating new twist on automobile accident torts, which could have major effects on the trend.<\/p>\n

Our colleague Cassandra Burke Robertson has been studying the issue for a while, reporting in both<\/span>\u00a0law review<\/u><\/span><\/a>\u00a0and<\/span>\u00a0commentary<\/u><\/span><\/a>\u00a0pieces. Please join us for what should be a fascinating exploration of a relatively new issue.
\n<\/span><\/p>\n

In-Person and Virtual Attendance<\/h3>\n

In order to make it easy for people to protect themselves and still participate, the meetings can be attended on Zoom. Participants can register for each meeting in the same way they did for the past two years. The link is posted below.<\/strong><\/p>\n

The discussion begins at 12:30 p.m., but the room should be open no later than Noon. We try to have beverages and refreshments set up soon after that. Participants should be able to sign on to Zoom also by Noon. But please remember not much will be happening online until the talk begins at 12:30 pm. Please also be prepared to show identification when entering Kelvin Smith Library.<\/p>\n

Zoom participants should speak up when asked for questions or comments, or submit thoughts through Zoom\u2019s chat function. Please keep yourself muted until you are choosing to speak.<\/p>\n

Each week we will send out this newsletter with information about the topic. It will also include a link to register (for free) for the discussion.<\/strong>\u00a0When you register, you will automatically receive from the Zoom system the link to join the meeting. If you do not get the newsletter, you should also be able to get the information each Monday by checking<\/span>\u00a0http:\/\/fridaylunch.case.edu<\/u><\/span><\/a>\u00a0Then if you choose you can use the contact form on that website to request the registration link.<\/span><\/p>\n

This week’s Zoom link for registration is:<\/span><\/p>\n

https:\/\/cwru.zoom.us\/meeting\/register\/tJAuduChrzIvH9wF0b7ICi4FGey7q94JZQ8i<\/u><\/span><\/a><\/p>\n

After registering, you will receive a confirmation email containing information about joining the meeting.<\/p>\n

Please also e-mail<\/span>\u00a0padg@case.edu<\/u><\/span><\/a>\u00a0if you have questions about arrangements or any suggestions. Or call at 216 368-2426 and we’ll try to get back to you. We are very pleased to be partnering this semester with the<\/span>\u00a0Siegal Lifelong Learning Program<\/u><\/span><\/a><\/strong>\u00a0to share information about the discussions.<\/p>\n

Best wishes for safety and security for you and yours,<\/p>\n

Joe White
\nLuxenberg Family Professor of Public Policy and Director, Center for Policy Studies<\/span><\/p>\n

\n

About Our Guest<\/span><\/h3>\n

Cassandra Burke Robertson<\/strong>\u00a0regularly teaches Civil Procedure, Professional Responsibility and Secured Transactions, and has also taught Transnational Litigation and Remedies. She directs the law school\u2019s Center for Professional Ethics, whose mission is to explore moral choices across professional lines in a variety of disciplines. Her scholarship focuses on legal ethics and litigation procedure within a globalizing practice of law. She has co-authored a popular casebook in the field of professional responsibility and published articles in the\u00a0Columbia Law Review<\/em>,\u00a0Emory Law Journal<\/em>\u00a0and\u00a0Boston University Law Review<\/em>, among others.<\/p>\n

Prior to joining the faculty in 2007, Robertson clerked for the Texas Supreme Court and served as Assistant Solicitor General in the Office of the Texas Attorney General. Robertson received a law degree from the University of Texas at Austin, where she also obtained joint master’s degrees in Middle Eastern Studies and Public Affairs.<\/span><\/p>\n

* Kelvin Smith Library requires all entrants to show identification when entering the building, unless they have a university i.d. that they can magnetically scan. We are sorry if that seems like a hassle, but it has been Library policy for a while in response to security concerns. Please do not complain to the library staff at the entrance, who are just doing their jobs.<\/span><\/p>\n

Schedule of Friday Lunch Upcoming Topics and Speakers:<\/strong><\/p>\n

November 17: Axios Cleveland and the Future of Local Media.<\/strong>\u00a0With\u00a0Sam Allard<\/strong>, reporter for Axios Cleveland.<\/p>\n

November 24: Thanksgiving Break<\/strong><\/p>\n

December 1: Civil-Military Relations in Egypt.<\/strong>\u00a0With\u00a0Dina Rashed, Ph.D.<\/strong>, Associate Dean of the College for Academic Affairs, University of Chicago.<\/p>\n

December 8: To Be Determined.<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
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Visit the\u00a0Public Affairs Discussion Group Web Site.<\/span><\/a><\/p>\n

Center for Policy Studies | Mather House 111 | 11201 Euclid Avenue |
\nCleveland, Ohio 44106-7109 |\u00a0Phone: 216.368.6730 |\u00a0padg@case.edu<\/u><\/span><\/a>\u00a0|
\nPart of the:\u00a0College of Arts and Sciences<\/u><\/span><\/a><\/p>\n

\u00a9 2023 Case Western Reserve University |
\nCleveland, Ohio 44106 | 216.368.2000 |\u00a0legal notice<\/u><\/span><\/a><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Center for Policy Studies
\nPublic Affairs Discussion Group<\/strong><\/p>\n

Who\u2019s Legally Responsible When \u201cSelf-Driving\u201d Cars Go \u201cEyes Off?\u201d<\/strong><\/p>\n

Cassandra Burke Robertson, JD – John Deaver Drinko \u2013 BakerHostetler Professor of Law<\/strong><\/p>\n

Friday November 10, 2023
\n12:30-1:30 p.m.
\nMeeting Both In-Person and by Zoom
\nDampeer Room, Second Floor of Kelvin Smith Library<\/strong>*<\/strong>
\nCase Western Reserve University<\/strong><\/p>\n

Dear Colleagues:<\/p>\n

Our topic this week sits at the intersection of law and technology \u2013 though how it handles intersections is also part of the topic!<\/p>\n

Continue reading… Who\u2019s Legally Responsible When \u201cSelf-Driving\u201d Cars Go \u201cEyes Off?\u201d<\/span><\/a><\/p>\n","protected":false},"author":19,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":""},"categories":[1],"tags":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1305"}],"collection":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/users\/19"}],"replies":[{"embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/comments?post=1305"}],"version-history":[{"count":2,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1305\/revisions"}],"predecessor-version":[{"id":1474,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1305\/revisions\/1474"}],"wp:attachment":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/media?parent=1305"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/categories?post=1305"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/tags?post=1305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}