A software bug caused my car to crash. Is the software producer liable?

What the Law Says

Under EU law, producers of defective products—including embedded software in vehicles—can be held strictly liable for damage caused to persons or property.

The key legal framework is Council Directive 85/374/EEC on liability for defective products (the 'Product Liability Directive'), which all EU Member States have implemented into national law. It applies to 'any product which is movable', and the European Court of Justice has confirmed that software embedded in hardware (e.g., vehicle control systems) falls within this definition when it forms an integral part of the product’s safety function.

A 'defect' exists when 'the product does not provide the safety which a person is entitled to expect', considering presentation, use, and time of circulation. A bug causing unintended acceleration or brake failure would likely meet this threshold.

Liability is strict: claimants do not need to prove negligence—only that the software was defective, the defect caused the crash, and damage occurred. The producer bears the burden of proving certain defences (e.g., the state of scientific knowledge at the time).

Statutory Text

A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account...

— Council Directive 85/374/EEC, Art. 6(1)

Statutory Text

The producer shall be liable for damage caused by a defect in his product.

— Council Directive 85/374/EEC, Art. 1

Statutory Text

The liability of the producer shall cease to exist ten years after the date on which the specific product was put into circulation.

— Council Directive 85/374/EEC, Art. 11

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