ABSTRACT
Artificial Intelligences (AIs) are a relatively new addition to human civilization. From delivery robots to board game champions, researchers and businesses have found a variety of ways to apply this new technology. As it continues to grow and become more prevalent though, so do its interactions with society at large. This will create benefits for people, through cheaper or better products and services. It also has the possibility to create harms. AIs are not perfect, and as the range of AI uses grows, so will the range of potential harms. A mistake from an AI customer service bot could fraudulently mislead a consumer. A mistake from an AI self-driving car could result in death. This Note will explore the similarities between AIs and another non-human intelligence that supports humans, animals, particularly dogs. Given the rationale supporting animal liability laws, this Note will argue that the same set of rules should apply to AIs as well. This will increase efficiency by giving businesses using AIs foreseeability for potential liability they face and help courts by having an established body of precedent prepared for this new area of oncoming disputes.
Nichols, Hilyard, The First Byte Rule: A Proposal for Liability of Artificial Intelligences (May 12, 2023). Forthcoming 15 William & Mary Business Law Review.
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