The future of mainstream autonomous vehicles is approaching in the rearview mirror. Yet, the current legal regime for tort liability leaves an open question on how tortious Artificial Intelligence (AI) devices and systems that are capable of machine learning will be held accountable. To understand the potential answer, one may simply go back in time and see how this question would be answered under traditional torts. This Comment tests whether the incident involving an autonomous vehicle hitting a pedestrian is covered under the traditional torts, argues that they are incapable of solving this novel problem, and ultimately proposes a new strict liability tort: AI-Chaperone Liability. Because advancement in technology requires advancement in the law, AI-Chaperone Liability is a step forward in unchartered territory.
Peter Y Kim, Where We’re Going, We Don’t Need Drivers: Autonomous Vehicles and AI-Chaperone Liability, 69 Catholic University Law Review 341 (2020).