You have connections in the state legislature, which you want to use to lobby for a new law permitting the use of fully autonomous vehicles. You plan to craft a proposed statute governing tort implications for the use of such vehicles.

• To ensure that your proposal will be compelling, you decide to draft elements of what eventually will be included in your statute. Knowing that this statute should include the following sections, draft the following:
  1. A definition of "reasonable care" for AVs.
  2. The availability for punitive damages in accidents caused by AVs.
  3. The factual causation test to be used in accidents involving AVs.
  4. Any defenses to negligence that the vehicle owner could claim in accidents involving AVs.
• For each of these sections, include a "policy note" explaining why you have written that section as you did.

Section 3: Strict Liability 

You have learned that in certain circumstances, a strict liability standard may apply, rather than the negligence standard; such a standard makes it easier for a plaintiff to prove liability, because the "breach" element is presumed to be satisfied.

Two-Part Question

1. What is the potential argument(s) for strict liability in the case of your autonomous vehicle proposal?
2. If the legislature decided to apply a strict liability standard, rather than a negligence standard, in what way(s) would that potentially impact the profitability of your autonomous delivery proposal?