Bryan Casey, ‘Robot Ipsa Loquitur’

ABSTRACT
… in a world where vexingly complex robots roam, how could one possibly find the needle of negligence in a haystack comprised of millions of lines of computer code? This Article challenges that view. In sharp contrast to the prevailing wisdom, it argues that widespread debates over the so-called ‘vexing tort problems’ raised by modern robots have overlooked a crucial issue: inference. Negligence, after all, needn’t be shown by pointing directly to a faulty line of code. Like all facts, it can be proven indirectly through circumstantial evidence. Indeed, as the ancient negligence rule of res ipsa loquitur makes plain, sometimes an accident can ‘speak for itself’. Using the first robot accused of negligence as a case study, this Article shows how advanced telematics technologies in modern machines provide richly detailed records of accidents that, themselves, speak to the negligence of the parties involved …

Casey, Bryan, Robot Ipsa Loquitur (January 20, 2019).

First posted 2019-02-25 06:05:03

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