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handle: 11104/0320160
Czech tort law provides sufficient starting points for compensation for pecuniary and non-pecuniary damage to the protected property. The obligation to compensate for such damage is imposed for any legally relevant harmful result (typically a threat or risk), regardless of whether the harmful result was caused by fault (subjective liability) or without fault (objective liability). The key aspects of this relationship are a certain “control of risk” so that the possible consequences of this risk are always borne by the subject that has the capability to control this risk, in particular to control or at least minimize the risk. The article focuses mainly on the application of these general and related principles to the new technological phenomenon of today, which are autonomous systems, especially autonomous vehicles. The article deals with particular types of liability of key actors who, due to their nature or position, are capable to control these risks in a qualified manner, whether it is the control in terms of legal, procedural or technological nature of these systems. The subject of the article is, in addition to the general assumptions of the origin of this liability and related reflections at the level of EU law, considerations about the liability of the producer, importer, operators (including a driver), as well as the liability for the physical infrastructure (road owner) and the indispensable data infrastructure. These considerations do not leave out the critical evaluation of the related strategic documents, national or European, including partial considerations related to the testing operation of these systems.
operator’s liability, causality, assumptions of liability, objective liability, autonomous vehicle, data infrastructure and physical infrastructure, producer’s and importer’s liability, importer’s liability, testing operation, liability, liberation, driver’s liability
operator’s liability, causality, assumptions of liability, objective liability, autonomous vehicle, data infrastructure and physical infrastructure, producer’s and importer’s liability, importer’s liability, testing operation, liability, liberation, driver’s liability