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UNMANNED AIRCRAFT SYSTEMS AND STRICT PRODUCT LIABILITY IN THE UK: TIME FOR REFORM

Georgios Leloudas Orcid Logo, Furkan Bulut

Air and Space Law

Swansea University Authors: Georgios Leloudas Orcid Logo, Furkan Bulut

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Abstract

Digitalisation and advanced communication technologies are poised to enable the deployment of Unmanned Aircraft Systems (UAS) in non-segregated airspace through Beyond Visual Line of Sight (BVLOS), including those that are autonomous. This transition shifts the primary source of accident risk from h...

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Published in: Air and Space Law
ISSN: 0927-3379 1875-8339
Published: Kluwer Law International BV
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URI: https://cronfa.swan.ac.uk/Record/cronfa71150
Abstract: Digitalisation and advanced communication technologies are poised to enable the deployment of Unmanned Aircraft Systems (UAS) in non-segregated airspace through Beyond Visual Line of Sight (BVLOS), including those that are autonomous. This transition shifts the primary source of accident risk from human error to product defect. . As such, it is critical to assess the adequacy of the relevant compensation mechanisms. The Consumer Protection Act 1987 (CPA 1987) is the primary tool that imposes strict liability on producers for defective products in the UK; however, it was drafted before the widespread deployment of interconnected cyber-physical systems and self-learning algorithms. This article evaluates the application of the CPA 1987 to UAS, arguing it is unable to cater for digital technologies, including (but not limited) to defining the “product”, establishing post-supply liability, and addressing the burden of proof for AI applications. Furthermore, it argues that reliance on the operator-focused s 76 (2) – (4) of the Civil Aviation Act 1982 transfers the burden of product defects onto UAS operators. Building upon the new EU Product Liability Directive, this article concludes that the existing product liability framework of the UK is inadequate and requires reform.
Keywords: unmanned aircraft systems (UAS), product liability, strict liability, Consumer Protection Act 1987, Civil Aviation Act 1982, digitalisation, artificial intelligence, legislative reform
College: Faculty of Humanities and Social Sciences

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