New Technology & Product Liability Risks
When you get injured by a product, it is a serious matter. It can happen with any product and to anyone. It was the company’s responsibility to make sure that their products have no defects and function as they should. You have a right to file for lawsuit. Sometimes companies act negligently or may even make mistakes. Still, they are responsible for their actions and should be held liable. In strict product liability laws, it states that the seller, manufacturer, or distributor may be liable to the injured person, even if they did everything in their power to make sure there were no defects. With new technology that has been emerging lately, product liability may not be as set in stone as it has been before. We will take a look into product liability regarding Artificial Intelligence.
It is a typical thing to see advertisements on the side of a webpage recommending products to you. These product recommendations are based on your online shopping habits. They use your data to advertise specifically to you. This uses Artificial Intelligence technology. This new technology typically hasn’t seen any problems in terms of risks. However, there are still risks to companies using this technology. AI may recommend a defective product to someone. It could be a saw missing a key safety feature. The saw ends up causing personal injury to the consumer. Can you bring a product liability claim is the question in this situation?
In cases like this, the technology may not be subject to strict liability laws. This meaning, anyone involved in the making of a product can be held liable if someone is injured due to their product. It can be argued that AI isn’t really a product. It’s information that is technically intangible. It may be difficult for someone to prove that the recommendation by AI caused injury. In proving causation, you have to be able to answer these two questions. If this product had not been suggested, would the person have still purchased it? Can AI be a “proximate” cause of injury?
The definition of “proximate” causation is did this thing “substantially contribute” to your injury. It has to be more likely than not this thing is what caused your injury. In order to prove negligence in a product liability case, you must show how that AI violated a legal duty. No court as of to date has found developers owing that duty. Developers can still try to adhere to these standards in order to avoid suit. They can produce safety-related limits in the algorithm of AI.
When you get injured by a product, it can be devastating. Companies make mistakes or sometimes overlook defects in their product. It’s unfair. If you or your family has been injured by a defective product then you deserve justice and compensation. You need someone with a lot of experience in product liability law and can fight for your rights. The legal team at Compass Law Group, PC will provide you with aggressive representation and personal attention to your needs. You can call our office today at 800-602-4010 or 310-289-7126 for a free initial consultation. Or you can simply fill out our contact form.