TORT LIABILITY

Both vendors and users will likely be the subject of tort plaintiff lawyers’ attention of harms to end users.  Contracts will potentially define the liability between the vendor and the user, but will not provide immunity of liability to the end user.  As such, preparing for the myriad of tort liability scenarios is critical.

• Product Liability? — Is what is being provided via AI/SI a product or a service. Service characterization is potentially critical to avoid strict liability constructs.
• Vicarious Liability – Will the vendor be responsible for the user’s deployment. Contract characterizations of use may be critical here.
• Insurability – Insurance companies will need to reevaluate their coverage parameters to potentially avoid claims in these scenarios.