Kevin Alden, ‘Strict Liability for the Information Age’

INTRODUCTION
… This Note addresses a new imbalance in the tort system caused by the proliferation of gig companies in recent years. It starts by looking at how the law is currently failing. It then addresses approaches others have considered for dealing with the new dilemma in assigning liability. These approaches are insufficient due to their disparate effects and the inefficiency of the judicial process – they merely incentivize a perpetual game of creative legal maneuvers for those who can afford the legal cost, without addressing the issue. Because so much of the gig economy is driven by transportation providers, a comparison to the evolution of taxi regulation and liability will be briefly addressed; however, the shortcomings of applying an industry-specific regulation to an entire economy of gig companies proves too limiting. By comparing the problem of gig-economy tort liability to the nineteenth- and twentieth-century evolution of products liability, this Note ultimately proposes assigning strict liability to the company advertising its services. Finally, the Note concludes by briefly hypothesizing how the changes might impact the gig companies.

Kevin Alden, Strict Liability for the Information Age, 46 Brigham Young University Law Review 1619 (2021).

First posted 2021-08-16 08:00:58

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