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
If you get into an at-fault crash with any of these features, you could face higher insurance rates – and even careless driving charges. Another disclaimer says the feature is “designed and intended for use only on parking lots and driveways located on private property where the surrounding area is familiar and predictable … it is your responsibility to familiarize yourself with the limitations of Smart Summon.”
One would be to argue that the feature was badly designed. That’s typically harder to prove than arguing a manufacturing flaw, where the user says that the product they bought doesn’t match the manufacturer’s specifications – for example, if a faulty part was used, Priel said. Legal to sell? Could carmakers be liable for selling features that drivers can’t legally or safely use? Priel doesn’t think so.
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