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Artificial intelligence and U.S. product liability


Publication date:

26 January 2022

Last updated:

18 December 2023


Garth W Aubert, Partner/Attorney, Fitzpatrick & Hunt, Pagano, Aubert, LLP, Suzanne N McNulty, Partner/Attorney, Fitzpatrick & Hunt, Pagano, Aubert, LLP

In this Insurance Institute of London (IIL) webinar, Garth Aubert, Partner/Attorney, Fitzpatrick & Hunt, Pagano, Aubert, LLP, and Suzanne McNulty, Partner/Attorney, Fitzpatrick & Hunt, Pagano, Aubert, LLP, discuss the adaptation of traditional product liability principles in the rapidly emerging world of artificial intelligence (AI), potential defences and the greater implications for manufacturers and society.

Artificial intelligence systems are capable of perceiving, learning and problem-solving with diminishing human intervention. Unlike conventional computer algorithms, AI systems can synthesize, store, and analyse data to inform their decisions. Though AI can offer profound benefits to society, it also presents new risks and legal challenges in the realm of products liability. This webinar addresses these novel issues, including how liability is assessed when accidents occur not from human error or inherent defects, but AI decisions.

Learning objectives:

  • AI and damages – who may be liable
  • Tort liability for AI under existing legal theories: negligence, strict liability, and breach of warranty
  • What can be done to adapt the traditional product liability regime to better suit AI-related damages
  • Guidance for producers and best practices advice


Duration:  49 minutes

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This document is believed to be accurate but is not intended as a basis of knowledge upon which advice can be given. Neither the author (personal or corporate), the CII group, local institute or Society, or any of the officers or employees of those organisations accept any responsibility for any loss occasioned to any person acting or refraining from action as a result of the data or opinions included in this material. Opinions expressed are those of the author or authors and not necessarily those of the CII group, local institutes, or Societies.