The Civil Liability for Self-Driving Cars in Austria

Austrian law provides a sufficient legal basis for assessing liability issues in connection with self-driving cars. A driver’s liability according to the rules of the Austrian Civil Code (ABGB) may be difficult to argue and especially to prove as an unlawful and culpable behaviour by a legal subject may not be established. However, the holder of a motor vehicle could generally be held liable according to the rules of the Austrian Railway and Motor Vehicle Liability Act (EKHG), which provides for a strict (yet limited) liability. In addition, the manufacturer of the autonomous vehicle as well as the software producer are liable for any damages caused by a malfunction of a vehicle’s control software according to the rules of the Austrian Product Liability Act (PHG).