Car accidents in the age of robots

Liability for robots II: an economic analysis

“…In the economic analysis of tort law, there have been several forays into analyzing robot torts, with special attention to self-driving cars (e.g. De Chiara et al, 2021; Fagnant and Kockelman, 2015; Roe, 2019; Shavell, 2020). Most robot-generated accidents have been analyzed under a framework of products liability, where the victim is the product user or a third party, and liability for the harm is assigned to manufacturers (e.g.…”

“…Machine decision-making reduces the impact of human error but does not entirely eliminate the risk of accidents, creating fresh dangers in the form of machine malfunctions and design limitations (Bertolini, 2015; Bertolini et al ., 2016; De Chiara et al ., 2021; European Commission, 2020). In the companion paper (Guerra et al ., 2021), we have detailed the novel, legal problems posed by robot accidents, and extensively discussed the reasons why existing tort rules – standard negligence law and products liability – do not adequately address the multi-dimensional incentive issues that arise in this novel setting.…”

“…We have shown that, to date, there exists no general formulation of liability in case of robot accidents, and the proposed solutions differ across jurisdictions. The still open question concerns how legal incentives – so carefully calibrated to induce human actors to exercise precautionary care – need to be reshaped in robot accidents (Bertolini, 2013, 2020; Bertolini and Riccaboni, 2020; Casey and Lemley, 2019; De Chiara et al ., 2021; Epstein, 2021; Kovač, 2020; Lemley and Casey, 2019; Shavell, 2020; Talley, 2019).…”

Market for Artificial Intelligence in Health Care and Compensation for Medical Errors

“…3 The European Commission recalls that we should seek to avoid a situation in which harmed patients cannot claim compensation (see the European Commission legal framework on AI regulation dated 21 April 2021). 4 There is a growing pool of literature on liability rules that should apply to autonomous vehicles (Shavell, 2020;De Chiara et al, 2021;Guerra et al, 2021).…”

Autonomous vehicles policy and safety investment: An equilibrium analysis with endogenous demand

“…Note that we do not explicitly model the care level of HV drivers. See the frameworks of Di, Chen and Talley (2020) and DeChiara et al (2021), where this aspect is explicitly considered.…”