Category Archives: Products liability
W Nicholson Price, ‘Monitoring, Oversight, and Learning in Medical AI’
ABSTRACT When medical AI errs, it often goes unnoticed. If there’s a specific patient injury, and the link to AI is obvious, that problem might be reported to the Food and Drug Administration (FDA), but not always. And many other types of problems, like worse performance on specific groups or ineffective integration into health system […]
Olivia Grice, ‘From Clicks to Claims: Redefining Products Liability in the Amazon Era’
INTRODUCTION As Americans scroll through their TikTok and Instagram feeds looking for the next Amazon ‘dupe’, a pressing question awaits: If this product causes an injury, who is responsible? The most logical answer is the person who made the product or the party who is responsible for the defect that caused the injury. What if […]
Gill and Keil, ‘Teleology Predicts Intuitive Judgments of Liability’
ABSTRACT People possess a teleological stance: we represent artifacts in terms of intended function. Yet, modern tort law is largely agnostic to function in product liability cases: jurors are instructed to permit any foreseeable use or misuse. Here, across three pre-registered studies (N = 742), we examine intuitions on product cases, exploring the downstream consequences […]
Martin Petrin, ‘When AI Hurts: Corporate Responsibility for Agentic AI’
ABSTRACT As AI systems evolve from assistive tools into increasingly autonomous, agentic actors, long-standing doctrines of corporate liability are being put to the test. This Essay examines whether existing legal frameworks can hold corporations accountable for harms caused by advanced forms of AI. It suggests that, first, existing private law doctrines continue to provide a […]
Stefano Natangelo, ‘Nobody’s Fault: Where Liability Collapses in Clinical LLM Deployment’
ABSTRACT A hospital deploys a software system that recommends treatments to clinicians. The system produces a recommendation that is clinically harmful but formally indistinguishable from a correct one. The clinician follows it. The patient is harmed. Who is liable? Under existing legal doctrine, the answer is reliably the clinician. Developers invoke software-as-service classification. Deploying institutions […]
Austin Litle, Morris and Das, ‘When the Tool Breaks: Product Liability and the Legal AI Vendor’
ABSTRACT In April 2026, the Sixth Circuit removed appointed counsel from an indigent defendant’s appeal and denied Criminal Justice Act compensation after the attorney admitted that CoCounsel, Thomson Reuters’s artificial intelligence (AI) legal research platform, fabricated quotations and misrepresented case holdings. The sanctioned attorney lost his fee. The defendant lost continuity of appellate counsel. Thomson […]
Ali Sadhik Shaik, ‘Liability Allocation in Autonomous Industrial Systems: Who Pays when the AI is Wrong?’
ABSTRACT When an autonomous robotic arm in a German automotive plant misidentified a component orientation and caused a collision that injured a line operator in 2024, six parties claimed they were not liable: the robot OEM (the arm performed within mechanical specifications), the AI vendor (the vision model met contractual accuracy thresholds), the system integrator […]
Abraham Wickelgren, ‘The Effect of Consumer Inferences on Product Regulation When Information Is Costly’
ABSTRACT Consumers often value products whose purchase could also harm them, either through adverse health effects or, often with digital products, the release of sensitive data about themselves. In many cases, consumers do not know exactly how great these risk are, but they can engage in some research to learn more about it. Alternatively, the […]
Satish Kumar Allani, ‘Medical Device Defence – Closing the Vulnerability Gap in Hospital Environments’
ABSTRACT Medical device cybersecurity has no shortage of frameworks, standards, or regulatory guidance. What it lacks is something far simpler: working accountability for what happens to a vulnerable device after it is deployed in a clinical environment. This paper is written from four years of direct experience as an Infrastructure Lead in hospital systems. The […]
Godefroy de Boiscuille, ‘New product liability in the Age of AI: Modernisation under a Conservative Veil’
ABSTRACT This article examines the reform of the European Product Liability Directive in the age of AI. The reform succeeds in bringing AI within the reach of product liability law. However, the proposed regime remains only partially adapted to the evidentiary and economic realities of the digital age. The modernisation effort is significant but ultimately […]