Software product liability

Software vendor liability is the issue of product liability for software bugs that cause harm, such as security bugs^[1] or bugs causing medical errors.^[2] For the most part, this liability does not exist in the United States.^[3][4][5] The possibility of liability is excluded for most software in the European Union Product Liability Directive 1985 but is explicitly provided for in the update issued in 2024.^[6]

References

1. Kim, Byung Cho; Chen, Pei-Yu; Mukhopadhyay, Tridas (July 2011). "The Effect of Liability and Patch Release on Software Security: The Monopoly Case". Production and Operations Management. 20 (4): 603–617. doi:10.1111/j.1937-5956.2010.01189.x.
2. Montesantos, Laura (2022). "Physician Liability in the Age of Data Reliance and Errors". Annals of Health Law and Life Sciences. 31: 179.
3. "Three Questions on Software Liability". Lawfare. Retrieved 1 May 2024.
4. Levy, Lawrence B.; Bell, Suzanne Y. (1989–1990). "Software Product Liability: Understanding and Minimizing the Risks". High Technology Law Journal. 5: 1.
5. Scott, Michael D. (2007–2008). "Tort Liability for Vendors of Insecure Software: Has the Time Finally Come". Maryland Law Review. 67: 425.
6. "The New Product Liability Directive: Software as a Product". www.taylorwessing.com. 25 March 2024. Retrieved 1 May 2024.