ABSTRACT
Self-learning algorithms are gradually dominating more and more aspects of our lives. They do so by performing tasks and reaching decisions that were once reserved exclusively for human beings. And not only that – in certain contexts, their decision-making performance is shown to be superior to that of humans. However, as superior as they may be, self-learning algorithms (also referred-to as artificial intelligence (AI) systems, ‘smart robots’, or ‘autonomous machines’, among other terms) can also cause damage. When determining the liability of a human tortfeasors causing damage, the applicable legal framework is generally that of negligence. To be found negligent, the tortfeasor must have acted in a manner not compliant with the standard of ‘the reasonable person …
Chagal, Karni, How Can I Tell If My Algorithm Was Reasonable? (April 17, 2020). Michigan Telecommunications and Technology Law Review, forthcoming.
First posted 2020-05-13 06:18:57
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