Torts and Technology

Abstract

This chapter discusses tort law and how it applies to the risks posed by emerging technology. Tort law’s role here is significant. But how does tort adapt to injuries caused by technological innovations, and how should it react? With the increasing pace of technological advances, are the inherited conceptual structures of tort law sufficiently adaptable to both current and yet-unknown developments, or are novel statutory solutions required? We must also ask if tort liability is ultimately able to reconcile the competing demands of compensation, deterrence, and innovation. These questions are considered in various contexts including product liability, internet speech, and the prospect of ‘driverless cars’.

In support of “no-fault” civil liability rules for artificial intelligence

“…On the other hand, the application of the traditional paradigm of civil liability, especially when conceived as a strict liability regime, would expose producers and programmers to unpredictable and potentially unlimited claims for civil liability, with no possibility of reducing the risks by increasing investments in safety (with regard to damage following “unforeseeable” behaviour of AI algorithms). Therefore, it is likely that such an application 19 would prevent them from entering the market or developing it, thereby hampering technological progress (what is sometimes called the risk of “technology chilling”: Montagnani and Cavallo 2020 ; Viscusi and Moore 1991 ; Huber and Litan 1991 ; Parchomovsky and Stein 2008 ; Morgan 2017 ; Magrani 2019 ; Policy Department for Citizens’ Rights and Constitutional Affairs 2020 ; EU Independent High-Level Expert Group On Artificial Intelligence 2019a , b ; Bertolini 2015 ; Pellegatta 2019 ; Palmerini and Bertolini 2016 ).…”

“…Law scholars have observed that current civil liability legislation can be an obstacle to the development of artificial intelligence and the exploitation of the following benefits (Montagnani and Cavallo 2020 ; Viscusi and Moore 1991 ; Huber and Litan 1991 ; Parchomovsky and Stein 2008 ; Morgan 2017 ; Magrani 2019 ; Policy Department for Citizens’ Rights and Constitutional Affairs 2020 ; EU Independent High-Level Expert Group On Artificial Intelligence 2019a , b ; Bertolini 2015 ; Pellegatta 2019 ; Palmerini and Bertolini 2016 ). A similar obstacle has been observed, in the past, with regard to medical civil liability.…”