Artificial Intelligence

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Artificial Intelligence in Autonomous Driving

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Introduction

The use of Ai (Artificial Intelligence) in the motor vehicle industry has seen a steady

incline in recent times. However, this has brought about legal ramifications in tort law regarding

negligence. Sophisticated detectors and intelligent algorithms are critical in the operation of

autonomous systems1. The systems necessary for this kind of operation have developed over

time and can be seen in many aspects of daily life. It is vital to note that although AI comes with

numerous benefits, it posses various challenges in law, especially on matters related to

negligence in tort law. There is also the likelihood of causing serious injuries when vehicles are

allowed to operate autonomously. The paper is an intricate analysis of tort law and the

correlation with autonomous driving and harm resulting from the same. It offers an examination

of the challenges related to determination of damages and legal liability in tort law.

Negligence as a Tort

In tort law, negligence occurs when an individual or an organization does not act with the

degree of care required causing danger or harm to a person. Further, the degree of care is

determined by what a reasonable individual would have done is the same circumstances2.

Negligence might result in physical injury, monetary loss, mental trauma and many other cases.

Proving negligence under tort law is done by proving that the defendant did not act within the

1
Kane, M. (2018). Artificial Intelligence and the Law: Examining the Impact of AI Technologies
on Torts and Contracts. Boston College Law Review, 59(4), 883-920.
2
Dias, R.W.M., 1955. The Duty Problem in Negligence. The Cambridge Law Journal, 13(2),
pp.198–214.

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degree of care required of such a person and that their action or omission was responsible for the

damages incurred. In autonomous driving the tort of negligence presents a difficult situation as

they are made of different complex and intricate parts. One of the most significant examples of

tort law in this field is when the company manufacturing the technology releases it for general

usage without testing. In such a case the company will be held liable for putting the general

public at risk.

Legal Issues and Challenges

Various challenges and legal issues must be addressed when looking at autonomous

driving under tort law and in assessing liabilities and damages. In the case of an accident, the

most significant thing is to figure out who was negligent in the first place. However, in most

cases, the maker of the autonomous system is held liable since they manufactured and tuned the

system for the general public. There are cases where a third party can be held responsible for an

accident. For instance, if there driver of a vehicle intentionally ignored certain traffic rules, or did

not maintain their vehicle as required. However, before a driver is held liable in such cases, there

are few things that need to be determined. One is did the autonomous system react as required or

effectively? The plus side about autonomous driving is that there is heavy computerization. Such

a move is important as the onboard systems record all actions taken by the driver and can

therefore be used when determining the liability in such cases where it difficult to determine who

is responsible for an accident.

Since the invention and the usage of AI to aid autonomous driving, there has been an

increase in cases around the area. One of the most significant cases is Focke V Skydrive Arizona,

Inc. (2015)3. The case provided an innate vie into AI and its role under negligence in tort law. In
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Focke v. Skydive Arizona, Inc., 2015 WL 5868591 (Ariz. App. 2015).

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the case, an AI system was crafted to deploy a parachute automatically once it reached a certain

level. However, the system deployed and led to serious injuries on a skydiver. In its judgment,

the court found the manufacturers guilty of negligence. Further, the court suggested that they

should have conducted enough tests to ensure that consumers would be safe when using the

invention. In Loparev V Sony Corporation (2016)4, Sony had employed the use of AI software

that would delete any information it considered copyrighted from the internet. However, the

court found them liable for negligence as the company had not take measures that prevent the Ai

from deleting information that was not protected. In so doing the company had allowed by act or

omission the AI to delete rightful content, leaving users if the software without protection.

Implications for Tort Law

Author Kumar suggests that the introduction of autonomous driving has had a significant

impact on tort law. One of the most fundamental developments due to AI in driving is the change

of traditional carelessness and responsibility in cases of accidents. In addition, the author argues

that the complexity of AI systems in driving makes it difficult to distinguish between human

error and issues caused by AI5. The courts have been forced to design new methods of handling

cases related to AI and awarding damages. Further, the need for technical involvement in

handling cases has arisen, as courts need technicians to analyze AI systems in vehicles involved

in accidents before issuing the judgment. Tort law has been significantly impacted by the

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Loparev v. Sony Corporation (2016)
5
Kumar, J. (2020). Artificial Intelligence and the Law: An Overview of Legal Challenges and

Perspectives. International Journal of Computer Network and Information Security, 12(1), 1-11.

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creation of novel theories ion matters related AI based liability. Therefore, courts have opened up

to the idea of product liability more.

Recent trends in court judgments suggest that, manufactures can be held liable for

accidents that are committed by their products whether negligent or not. The move has been

significant as victims of accidents caused by autonomous driving can seek redress before courts

for whatever damages they wish6. On the other hand, the move has held companies to a higher

standard when producing and releasing autonomous vehicles to the general public. Vicarious

liability in tort law also been affected by the fact that courts can now hold the manufacturers

liable for accidents committed by their vehicles even if the driver committed the offense that led

to the accident.

Conclusion

In summary, a new set of legal challenges and hurdles have emerged due to autonomous

driving. As seen in recent case law, AI has presented a major challenge, as it is hard to determine

liability when vehicles can drive themselves with minimal help from the driver. In such cases,

courts have held companies making AI systems to a higher standard to ensure that they test all

their products before releasing them to the general public. As seen in Loparev V Sony

Corporation (2016), companies should subject their products to intense testing to ensure that

consumers are protected. Failure to ensure protection of consumers the companies are held liable

for any damages that might be caused by their products. The development of AI in driving has

necessitated the need for courts to change how liability is viewed and treated in courts.

6
Kane, M. (2018). Artificial Intelligence and the Law: Examining the Impact of AI
Technologies on Torts and Contracts. Boston College Law Review, 59(4), 883-920.

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Bibliography

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Focke v. Skydive Arizona, Inc., 2015 WL 5868591 (Ariz. App. 2015).
Loparev v. Sony Corporation, 2016 WL 5463997 (N.D. Cal. 2016).
Korol, A., & Kovalenko, A. (2020). Artificial Intelligence and the Law: Liability for Negligence.
Yale Journal of Law and Technology, 22(2), 391-417.
Kumar, J. (2020). Artificial Intelligence and the Law: An Overview of Legal Challenges and
Perspectives. International Journal of Computer Network and Information Security,
12(1), 1-11.
Kane, M. (2018). Artificial Intelligence and the Law: Examining the Impact of AI Technologies
on Torts and Contracts. Boston College Law Review, 59(4), 883-920.