Under traditional tort law, liability is built around clear fault and causation. With complex AI systems, those links become very hard to prove because the harm often results from a mix of automated processes, data, and multiple actors. Without reform victims face a real gap in protection. This is so worth the read. Thank you for putting this newsletter together.
A good example of the gap you mention is where a hospital uses an AI diagnostic tool supplied by a technology company. If the AI produces an error that harms a patient, traditional tort law would require the patient to prove whether the fault was with the hospital staff, the software developer, or the data supplier. That process can be slow, expensive and often inconclusive. A clear liability rule combined with compulsory insurance for the designated operator would ensure the patient is compensated quickly, while the insurer can later resolve recovery claims between the parties.
Under traditional tort law, liability is built around clear fault and causation. With complex AI systems, those links become very hard to prove because the harm often results from a mix of automated processes, data, and multiple actors. Without reform victims face a real gap in protection. This is so worth the read. Thank you for putting this newsletter together.
A good example of the gap you mention is where a hospital uses an AI diagnostic tool supplied by a technology company. If the AI produces an error that harms a patient, traditional tort law would require the patient to prove whether the fault was with the hospital staff, the software developer, or the data supplier. That process can be slow, expensive and often inconclusive. A clear liability rule combined with compulsory insurance for the designated operator would ensure the patient is compensated quickly, while the insurer can later resolve recovery claims between the parties.