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2019 J.L. & Mobility 1 (2019)

handle is hein.journals/jlwmby2019 and id is 1 raw text is: THE DETERRENCE CASE FOR COMPREHENSIVE AUTOMAKER ENTERPRISE LIABILITY KYLE D. LOGUEt Cite as: Kyle D. Logue, The Deterrence Case for Comprehensive Automaker Enterprise Liability, 2019 J. L. & MOB. 1. This manuscript may be accessed online at https://futurist.lawu ch.edu and at htts://repositormlawrnnichedu/inil. I. INTRODUCTION Automobiles are much safer today than they used to be. Perhaps the best illustration of this fact is the decades' long decline in the number of auto- related deaths per-mile-driven.1 And yet motor vehicles-including cars, trucks, and SUVs- continue to be among the most dangerous products sold anywhere. Automobiles pose a larger risk of accidental death than any other product, except perhaps for opioids.2 Annual auto-crash deaths in the United t Douglas A. Kahn Collegiate Professor of Law, University of Michigan Law School. Professor Logue received helpful suggestions on the ideas in this Article from numerous participants at a conference on Traffic Accident Liability and the Future of Autonomous Vehicles held at Wake Forest University School of Law and from his Michigan Law colleagues at a Fawley Lunch Workshop in Ann Arbor. Thanks also to Bryant Walker Smith for his comments and notes. 1. General Statistics: Fatality Facts, INS. INST. FOR HIGHWAY SAFETY: HIGHWAY Loss DATA INST., hugs:Iiwwwiihs.org/iihsltopics/teneral statistics/famlitvfacts/over view-of-fatality-facts (last visited Nov. 13, 2018) (showing motor vehicle crash deaths per 100 million miles driven has declined from 3.35 in 1976 to 1.18 in 2016). 2. In 2016, which is the most recent year for which the Centers for Disease Control has final data as of the time of this writing, there were 58,335 deaths attributable to accidental poisoning, which includes accidental deaths from drug overdose (which, of course, includes accidental opioid overdose). JIAQUAN XU ET AL., CTRS. FOR DISEASE CONTROL & PREVENTION, NATIONAL VITAL STATISTICS REPORTS 34 (vol. 67, no. 5 July 26, 2018) [henceforth, CDC, 2016 Final Death data]. The CDC estimates that roughly 42,000 deaths in 2016 were attributable to opioids, the vast majority of which would presumably be considered accidental deaths. Drug Overdose Death Data, CTRS. FOR DISEASE CONTROL & PREVENTION, https://www.cdc.gov/drugoverdose/data/statedeaths 1

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