No More Soft Landings for Software: Liability for Defects in an Industry That Has Come of Age

Abstract

This is not a tale of robots gone wild or other stuff of science fiction.Rather, this is about real-life situations that have occurred or are likely to occur.It is about software failure when that failure leads, not to system crashes or botched tax returns, but to serious physical injury to persons.The power of software can be seen everywhere: It flies airplanes, monitors medical patients and nuclear power plants, and even helps us drive our cars.Indeed, software is no longer confined to the domain of business systems that control inventory, issue payroll checks, and keep track of accounts receivable and payable.It extends beyond the desktop computer with its word processing and data management capabilities and now routinely interfaces with human beings in their daily lives and in unseen ways.The consequence, however, is that some software can cause physical injury if it is defective.While many early commentators have speculated about the liability regime when such a condition occurs,' it