“I think joint & several liability regimes will resolve this. In the sense that, it’s not 100% the companies fault; it’ll be shared by the programmers, the operator, and the company.”
J&S doesn’t do much good if the harm is practically non-compensable because no one is alive to sue or be sued, or the legal system is no longer functioning. Even for harms that are merely financially uninsurable, in only enlarges the maximum practically compensable harm by less than an order of magnitude.
“Yes. Here I ask: what about legal systems that use delictual law instead of tort law? The names, requirements and such are different. In other words, you’ll get completely different legal treatment for international AI’s. This creates a whole new can of worms that defeats legal certainty and the rule of law.”
I encourage experts in other legal systems to conduct similar analyses to mine regarding how liability is likely to attach to AI harms and what doctrinal/statutory levers could be pulled to achieve more favorable rules.
“I think joint & several liability regimes will resolve this. In the sense that, it’s not 100% the companies fault; it’ll be shared by the programmers, the operator, and the company.”
J&S doesn’t do much good if the harm is practically non-compensable because no one is alive to sue or be sued, or the legal system is no longer functioning. Even for harms that are merely financially uninsurable, in only enlarges the maximum practically compensable harm by less than an order of magnitude.
“Yes. Here I ask: what about legal systems that use delictual law instead of tort law? The names, requirements and such are different. In other words, you’ll get completely different legal treatment for international AI’s. This creates a whole new can of worms that defeats legal certainty and the rule of law.”
I encourage experts in other legal systems to conduct similar analyses to mine regarding how liability is likely to attach to AI harms and what doctrinal/statutory levers could be pulled to achieve more favorable rules.