Imagine that you are a lawyer for the Tesla motor company in the year 2032. Unfortunately, you learn that one of the company’s employees was testing a new autopilot feature for the Model T Tesla motor vehicle when the program deviated from its programming for an unknown reason. The vehicle drove itself and the employee onto the tracks of an oncoming automated train. The train, suddenly malfunctioning, does not recognize the vehicle and does not apply the emergency brakes (even though the distance would be appropriate to be effective in preventing an incident). Unfortunately, the employee is killed in the accident and your boss has assigned you with determining what the courts may decide if the issue was brought before it. What do you tell your boss?
What would you say if you learn that the drivers of both vehicles were not in control of their respective devices and that the law states that autopilot functions are a non-delegable duty.