Category Archives: Products liability
Peter Wills, ‘Care for Chatbots’
ABSTRACT Individuals will rely on language models (LMs) like ChatGPT to make decisions. Sometimes, due to that reliance, they will get hurt, have their property be damaged, or lose money. If the LM had been a person, they might sue the LM. But LMs are not persons. This paper analyses whom the individual could sue, […]
Guillem Izquierdo Grau, ‘The Development Risks Defence in the Digital Age’
ABSTRACT One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did not allow […]
Jon Garon, ‘Prometheus’ Digital Fire: The Civic Responsibilities of Artificial Intelligence’
ABSTRACT Artificial Intelligence (AI) has transformed the technological landscape and impacted almost every field of endeavor. Predictive AI can help science and industry understand trends in vast amounts of data, create biometric identification systems, and improve business efficiency. Generative AI enables apps to create new documents, music, images, and designs. These and other forms of […]
Aditya Krishnan, ‘Product Liability for Autonomous Vehicles With Respect to the Product Liability Directive, 1985: A Need for Revision?’
ABSTRACT The Product Liability Directive (PLD) controls the present risk appropriation associated with the operation of motor vehicles in the European Union. However, after more than three decades, technological advancements have rendered the Directive obsolete and incapable of addressing the basic issues that may come from software implanted in independently operating AVs in the public […]
Renee Henson, ‘“I am Become Death, the Destroyer of Worlds”: Applying Strict Liability to Artificial Intelligence as an Abnormally Dangerous Activity’
ABSTRACT Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or […]
Lillian White, ‘Carcinogenic Chemicals in Black Hair Products: A Product Liability Issue’
ABSTRACT The global hair market is valued at approximately ninety billion dollars. African American (or Black American) women consume hair care products more than other ethnic groups. Recent studies have shown that the ingredients used in Black hair relaxers are linked to cancer. Consequently, over two hundred product liability cases have emerged against hair care […]
Murat Mungan, ‘Market Share Liability versus (Random) Strict Liability’
ABSTRACT I consider a model in which firms engage in Cournot competition in producing potentially harmful products. In addition to choosing output, they also choose safety precautions, which affects each product’s likelihood of harm to third parties. The liability regime in place thus potentially affects not only the safety precautions taken by the firms, but […]
Beatriz Botero Arcila, ‘AI liability in Europe: How does it complement risk regulation and deal with the problem of human oversight?’
ABSTRACT Who should compensate you if you get hit by a car in ‘autopilot’ mode: the safety driver or the car manufacturer? What about if you find out you were unfairly discriminated against by an AI decision-making tool that was being supervised by an HR professional? Should the developer compensate you, the company that procured […]
Rustad and Hert, ‘Global Product Liability for Dumb “Smart” Home Devices’
ABSTRACT The number of smart homes globally has increased to 300 million, and the smart home market is expected to reach approximately $181.4 billion by 2025. These new developments, however, are accompanied by related security risks. The attack surface for smart home devices poses latent dangers because of inadequate security that enables cybercriminals to gain […]
Piotr Tereszkiewicz, ‘Old and New Directions in Comparative Tort Law’
ABSTRACT This article offers a review of Common Law and Civil Law Perspectives on Tort Law and explores the contribution the book makes to an ever-growing scholarly literature on comparative tort law. It sets outs by illustrating the development of comparative tort law scholarship in the last two decades, discussing different objectives and approaches that […]