[braythwayt]

“Onus” is an exclusive term. It’s on one party, or another.

Onus does not apply to the safety of consumer products. For example, it is the responsibility of an automobile owner to drive a car with brakes in good working condition. Period.

But it is also the responsibility of an automobile manufacturer to issue a recall and fix faulty brakes in a car they sell.

It’s not an either-or. We don’t say, “Because the onus is on the driver to drive a safe vehicle, there is no fault to be laid at the manufacturer’s door. Caveat emptor.” We hold both parties responsible to some degree or other.

In sum, yes, drivers are supposed to know the limitations of their equipment and operate it responsibly. But also yes, manufacturers have responsibilities around the safety of the hardware and software they sell to people to operate as motor vehicles.

The driver’s responsibility does not absolve the manufacturer of its responsibilities.