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1 results

  • 23 - Tort Law

  • from Part IV - Criminal Law, Tort Issues, and Algorithms
  • Edited by Woodrow Barfield, University of Washington
  • Book:
    The Cambridge Handbook of the Law of Algorithms
    Published online:
    19 October 2020
    Print publication:
    05 November 2020, pp 493-514

  • Summary

    As technology continues to advance and specifically as algorithms proliferate into society, the law is increasingly confronted with the task of determining who is responsible when property is damaged or people are harmed. From a historical perspective, the Industrial Revolution resulted in machines that were able to automate tasks that were previously performed manually by humans. However, despite the superiority of these early automated machines, their use could cause physical damage; due to, for example, machine malfunctioning, poor machine design, or misuse by their users. The legal framework traditionally applied to machine-induced damages is comprised of two doctrines: that of general negligence and that of product liability. In this chapter, with algorithmic-based entities, I focus primarily on the reasonable person standard for actors.