I was baffled to read that if I’m using Tesla’s Smart Summon feature , I’m responsible if my car hits something or someone. Can I sue a car company if their feature is dangerous, even if there is a disclaimer in the manual? – Anton, Ottawa
Tesla’s owners’ manuals have various disclaimers, including: “For the features available on your vehicle, always comply with local laws and limits to ensure the safety of you, your passengers and those around you.” We did not find any Canadian lawsuits involving Tesla’s semi-autonomous features that include Autopilot, Full Self-Driving and Smart Summon.
“ is a much more difficult claim, because judges are not engineers and because every design involves trade-offs,” he said. “All products pose some risks, and in some cases – guns, cars – they are very serious.”creates an impression that a feature is safer than it actually is, a user could use this against the manufacturer for inadequate warning,” he said.“Courts often find creative ways for ignoring or restricting disclaimers, even when they are in the contract or the user’s manual,” Priel said.
Right now, there are no regulations or safety standards in Canada for semi-autonomous or autonomous features.