Can Self-Driving Car Software Makers Be Sued in Wisconsin?
Can Self-Driving Car Software Makers Be Sued in Wisconsin?
Yes, under Wisconsin law, individuals injured by self-driving car software may have grounds to pursue a product liability claim against the software maker. Wisconsin’s strict liability framework, codified in Wis. Stat. § 895.047, allows claimants to hold manufacturers accountable when a product is defective and causes harm. Whether you were a pedestrian struck by a robotaxi or a passenger whose autonomous system malfunctioned, understanding your legal options is a critical first step.
If you or a loved one suffered injuries involving a self-driving vehicle, the team at Kent | Pincin is ready to help. Call 608.999.4954 or reach out online to discuss how Wisconsin product liability claims may apply to your situation.
How Wisconsin’s Strict Liability Statute Applies to Autonomous Vehicles
Wisconsin’s strict liability law provides a direct path for injured individuals to seek compensation from product manufacturers, including developers of self-driving software. Under Wis. Stat. § 895.047(1)(a), a manufacturer is liable to a claimant if the claimant establishes by a preponderance of the evidence that the product is defective because it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.
This statute applies only to strict liability claims. Wis. Stat. § 895.047(6) expressly excludes actions based on negligence or breach of warranty, meaning those claims are governed by common law and other legal provisions rather than by this statute. This distinction determines which legal standards, burdens of proof, and defenses apply in your case.
Three Types of Product Defects in Self-Driving Software Claims
Wisconsin law recognizes three categories of product defects, each of which could apply to self-driving car software liability claims. Identifying the correct defect type shapes the evidence you need and the arguments your attorney will present.
Manufacturing Defects in AV Software
A manufacturing defect occurs when a specific product departs from its intended design, even though all possible care was exercised in its manufacture. For autonomous vehicle software, this could involve a coding error in a particular build or a corrupted update pushed to certain vehicles that causes them to behave differently from others.
Design Defects and the Reasonable Alternative Design Standard
A design defect claim requires showing that a reasonable alternative design existed and that its omission rendered the product not reasonably safe. Under Wis. Stat. § 895.047(1)(a), the foreseeable risks of harm must have been reducible or avoidable through the adoption of that alternative. Following the Wisconsin Supreme Court’s decision in Murphy v. Columbus McKinnon Corp. (2022), a design defect claim also requires proving the product was unreasonably dangerous under the consumer-contemplation standard in Wis. Stat. § 895.047(1)(b). This could mean arguing that a developer chose an inferior algorithm when a safer option was feasible and that the resulting system performed in a way no ordinary consumer would expect.
Inadequate Instructions or Warnings
Manufacturers may also face liability for failing to adequately warn consumers about the limitations of autonomous features. If a company markets its system without disclosing scenarios where human intervention is necessary, injured parties may have a viable failure-to-warn claim.
| Defect Type | What It Means | AV Software Example |
|---|---|---|
| Manufacturing Defect | Product departs from intended design even though all possible care was exercised | Corrupted update causes braking failure in select vehicles |
| Design Defect | Safer alternative design existed and omission rendered product not reasonably safe | Developer chose inferior detection algorithm over proven option |
| Inadequate Warning | Insufficient instructions about risks | System marketed as "self-driving" without disclosing need for driver input |
💡 Pro Tip: After any collision involving an autonomous vehicle, document the vehicle’s software version and recent updates. This information can be critical when determining whether a manufacturing defect affected your specific vehicle.
What a Product Liability Attorney Wisconsin Clients Should Know About Defenses
Manufacturers and software developers have several statutory defenses, and understanding them early can strengthen your case. Key defenses AV software companies may raise include:
- Regulatory compliance presumption: Under Wis. Stat. § 895.047(3)(b), evidence that the product, at the time of sale, complied in material respects with relevant standards, conditions, or specifications adopted or approved by a federal or state law or agency creates a rebuttable presumption that the product is not defective. If the software met NHTSA guidelines, the manufacturer could invoke this defense, though you can overcome it with sufficient evidence.
- Claimant misuse or modification: Damages shall be reduced by the percentage of causal responsibility for the claimant’s harm attributable to the claimant’s misuse, alteration, or modification of the product under Wis. Stat. § 895.047(3)(c). If a driver overrode the autonomous system, this could reduce recovery.
- Sealed container defense: Under Wis. Stat. § 895.047(3)(e), a seller or distributor who receives a product in a sealed container and has no reasonable opportunity to test or inspect it is not liable, subject to limited exceptions. This could shield dealerships from claims about embedded software.
💡 Pro Tip: The regulatory compliance presumption is not an absolute shield. Even if a software maker followed NHTSA guidelines, you may still demonstrate the product was defective through crash data or sensor logs showing the system failed under foreseeable conditions.
How the 15-Year Statute of Repose Could Limit Your Claim
Wisconsin imposes a 15-year statute of repose on product liability claims, setting an outer boundary on when lawsuits can be filed. Under Wis. Stat. § 895.047(5), a defendant is generally not liable if the product was manufactured 15 years or more before the claim accrues, unless the manufacturer made a specific representation that the product would last for a period beyond 15 years.
For autonomous vehicle software, this raises important questions. Software systems may remain in use well beyond 15 years as older vehicles stay on the road. If you were injured by a vehicle running outdated autonomous software, this repose period could bar your claim. Acting promptly is essential.
💡 Pro Tip: Do not confuse the statute of repose with the statute of limitations. The repose period runs from the date of manufacture, while the limitations period generally runs from the date of injury. Courts interpret exceptions to these deadlines narrowly.
Who Can Be Held Liable Beyond the Software Maker
Liability in an autonomous vehicle accident may extend beyond the software developer to include vehicle manufacturers, component suppliers, and fleet operators. In many AV systems, the software is developed by one company, integrated by another, and deployed by a third. Understanding the elements of a Madison product liability case is essential for identifying which parties bear responsibility.
Not every party in the supply chain faces the same exposure. Sellers or distributors who receive a product in a sealed container and lack a reasonable opportunity to test or inspect it may be shielded from strict liability. A Madison dealership that sold a car with pre-installed autonomous software may not be the proper defendant. The claim may instead target the entity that designed or coded the defective component.
Negligence and Warranty: Separate Paths to Recovery
Because Wisconsin’s strict liability statute does not cover negligence or breach of warranty claims, injured parties may pursue additional legal theories. An autonomous vehicle negligence claim could focus on the developer’s failure to exercise reasonable care in testing or maintaining its system. Breach of warranty claims may arise when a company makes promises about software capabilities that the product fails to meet. A product liability attorney Wisconsin residents rely on can evaluate which theories give your case the strongest foundation.
Preserving Digital Evidence After an AV Collision
Time-sensitive digital evidence is often the most important factor in an autonomous vehicle injury case. Event data recorders, sensor logs, camera footage, and software update histories can establish what the software was doing before a crash. This data may be overwritten if not preserved quickly. Notify the vehicle owner in writing that all electronic data must be retained, and ask your product liability attorney Wisconsin counsel to send a formal spoliation letter.
💡 Pro Tip: Request a copy of the vehicle’s software update history from the manufacturer. If the software was recently updated before your accident, it could support a defective software injury claim Wisconsin courts may recognize under the manufacturing defect theory.
Frequently Asked Questions
1. Can I sue the software developer of a self-driving car in Wisconsin?
In many cases, yes. Under Wisconsin’s strict liability statute, a manufacturer is liable if the claimant proves the product is defective due to a manufacturing defect, defective design, or inadequate warnings, and that the defect caused the claimant’s damages. If the software caused your injuries, you may have a viable claim.
2. What types of defects apply to autonomous vehicle software?
Wisconsin recognizes manufacturing defects, design defects, and inadequate warnings. Each applies differently to AV software, from coding errors in a specific build to failures to disclose system limitations.
3. Does compliance with federal safety standards prevent me from suing?
Not necessarily. Compliance at the time of sale creates a rebuttable presumption the product is not defective, but you can overcome this with evidence showing the software was still defective despite meeting those standards.
4. What if I was partially at fault for the accident?
Your damages may be reduced but not necessarily eliminated. Wisconsin law requires reduction by the percentage of causal responsibility attributable to the claimant’s misuse, alteration, or modification of the product.
5. Is there a time limit for filing a product liability claim involving self-driving technology?
Yes. Wisconsin imposes a 15-year statute of repose from the date of manufacture, and a separate statute of limitations also applies. Courts interpret exceptions narrowly, so timely action is important.
Holding AV Software Makers Accountable Under Wisconsin Law
Wisconsin’s product liability framework gives injured individuals meaningful legal tools to pursue claims against self-driving car software developers. From strict liability for defective products to separate negligence and warranty claims, the law offers multiple paths to recovery. Statutory defenses, time limits, and the complexity of identifying the right defendant make these cases uniquely challenging, and the outcome depends on each case’s specific facts.
The Madison self-driving car attorneys at Kent | Pincin have extensive experience handling complex product liability matters involving emerging technology. If you or someone you care about was injured in an autonomous vehicle accident, call 608.999.4954 or contact us today for a thorough evaluation of your case.