Who is liable for software errors? Proposed new product liability law in Australia

Abstract

Fixing liability for the consequence of defective software is a very difficult matter for the law to deal with. Software has many functions and applications and is frequently dependent upon the operation of other technology to discharge its task correctly and efficiently. What steps can a legislature take in introducing product liability legislation for software to ensure that the legal terminology accurately defines the technical situation so as to categorise software correctly and attach liability accordingly. Roger Clarke develops these ideas reporting on a proposed new product liability law in Australia. Michael Scott then examines some liability issues in medicine with regard to patient care systems. Show more