Shaping the Law to Meet the Challenges of Advanced Driver Assistance Systems Litigation

The presentation will discuss two types of ADAS cases: (1) those in which the plaintiff argues that the vehicle should have been equipped with ADAS sooner, and (2) those in which the plaintiff argues that ADAS should have performed better. Many authors and presenters on this topic have argued that when it comes to these cases the same legal defenses should apply in the same way they always have. This presentation will use Dashi v. Nissan N. Am., Inc., 247 Ariz. 56, 445 P.3d 13 (App. 2019), review denied (Jan. 7, 2020), as a jumping off point to discuss using novel applications of established legal theories to meet the challenges of ADAS cases. Rather than applying the same defenses in the same way, this presentation will suggest that the law needs to be shaped to meet the technology that will inevitably change the way we drive.

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