Tesla moves toward introducing its Full Self-Driving (FSD) system across Europe, following its rollout in the Netherlands.

The issue of strict liability inevitably arises and is being discussed in many automobile communities. Under the Product Liability Directive, a manufacturer is liable for damage caused by a defective product, regardless of fault. If an FSD system malfunction were to cause harm (e.g. to pedestrians), claimants would not need to prove negligence; they would only need to establish defect, damage, [and] causation. This existing tort framework becomes particularly interesting with autonomous systems like the FSD, where software decisions interact with real-world driving environments.

Let us assume Tesla complies with European type-approval rules under Regulation (EU) 2018/858 and implements appropriate safety redundancies (which is being anticipated), strict liability may remain largely theoretical. Much like earlier automotive innovations, the legal framework exists primarily as a safeguard rather than a constant source of litigation. European regulators are also already addressing this transition through frameworks such as Regulation (EU) 2024/1689, which imposes risk-management obligations on high-risk AI systems.

In our forthcoming newsletter editorial, we will be discussing in-depth the current EU tort framework as applicable to FSD (and autonomous vehicles). 👉 Subscribe so you don’t miss out on this update: technologylaw.ai/subscr…