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"I Am Become Death, The Destroyer Of Worlds": Applying Strict Liability To Artificial Intelligence As An Abnormally Dangerous Activity, Renee Henson
Faculty Publications
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 bad outcomes, this Article argues that an existing framework, strict liability, is an appropriate fit for harms arising from this new technology because a party need not prove negligence to prevail. Strict liability was uniquely developed to handle those activities that are “abnormally dangerous.” An abnormally …
Role Of Misuse In Products Liability Litigation, David A. Fischer
Role Of Misuse In Products Liability Litigation, David A. Fischer
Faculty Publications
Misuse is puzzling. Sometimes it cuts off liability and sometimes it does not, but courts have failed to clarify exactly what sort of conduct qualifies as the type of misuse that bars recovery. Generally speaking misuse takes two forms, abnormal use and mishandling. Abnormal use comes about when a product is used for an improper purpose; mishandling comes about when a product is used for a proper purpose but in an improper manner. Under this definition defendants can claim that virtually any unusual handling or use of a product constitutes misuse. Yet courts will not always accept this characterization. They …
Products Liability--The Meaning Of Defect, David A. Fischer
Products Liability--The Meaning Of Defect, David A. Fischer
Faculty Publications
In the products liability area the pendulum has now swung back to the imposition of strict liability. This transition, beginning with the elimination of the privity requirement in negligence actions, continuing with the imposition of strict liability under a warranty theory, and culminating in the development of a tort theory of recovery in strict liability, has been well-documented.