Smart Wearables: About the Liability Question for Smart Wearables for Health Purposes

44 Pages Posted: 17 Nov 2020

See all articles by Pelçim Kaygusuz

Pelçim Kaygusuz

VU University Amsterdam - Faculty of Law

Date Written: July 31, 2020

Abstract

This research aims to explore the challenges that rise when smart wearables equipped with AI cause damage. We welcome technologies into our lives and homes while it is unclear if we are sufficiently protected for damages. It is important that consumers are protected against possible malfunctions and the consequences of the malfunctions. Smart wearables for health purposes are located on or in our body, which entails great risks. However, on the other hand is the importance of innovation, because in addition to risks, these technologies also bring a lot of opportunities; diseases that can be cured or even prevented. A balance in the legislation is necessary to provide protection and stimulate innovation. This research analyses the current legal framework to conclude if it is still fit for purpose or if it should be adjusted or even entirely replaced.

Keywords: liability for smart wearables, AI, artificial intelligence, human enhancement, implantable technologies, implantable wearables, wearables for health purposes, tort liability

JEL Classification: K13

Suggested Citation

Kaygusuz, Pelçim, Smart Wearables: About the Liability Question for Smart Wearables for Health Purposes (July 31, 2020). Available at SSRN: https://ssrn.com/abstract=3701262 or http://dx.doi.org/10.2139/ssrn.3701262

Pelçim Kaygusuz (Contact Author)

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

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