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23 - Tort Law

Applying A “Reasonableness” Standard to Algorithms

from Part IV - Criminal Law, Tort Issues, and Algorithms

Published online by Cambridge University Press:  19 October 2020

Woodrow Barfield
Affiliation:
University of Washington
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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.

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Publisher: Cambridge University Press
Print publication year: 2020

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