Liability for (Semi)Autonomous Systems: Robots and Algorithms

Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee (eds), Research Handbook on Data Science and Law (Edward Elgar, 2018), p. 55-82

Tilburg Private Law Working Paper Series No. 08/2018

Tilburg Law School Research Paper No. 2018-9

22 Pages Posted: 2 May 2018 Last revised: 19 Aug 2019

Date Written: April 13, 2018

Abstract

Liability for robots and algorithms is at present unclear. A comparative overview shows that while several grounds for liability may apply, depending on the jurisdiction, there are still significant gaps, in particular regarding liability for algorithms. Several changes would be required to provide effective protection of interests that may be harmed by defective autonomous systems. By careful regulation a proper balance may be obtained between allowing innovation without undue harm for society.

Note: This paper is the preprint of the published version.

Keywords: liability law, algorithmic accountability, robot liability, liability for algorithms, tort law, autonomous systems, strict liability, product liability, negligence

Suggested Citation

Tjong Tjin Tai, Eric, Liability for (Semi)Autonomous Systems: Robots and Algorithms (April 13, 2018). Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee (eds), Research Handbook on Data Science and Law (Edward Elgar, 2018), p. 55-82; Tilburg Law School Research Paper No. 2018-9. Available at SSRN: https://ssrn.com/abstract=3161962 or http://dx.doi.org/10.2139/ssrn.3161962

Eric Tjong Tjin Tai (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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