Previous chapters addressed several issues that are generated by AI. From the most fundamental ones, such as the definition of this technology, over the assessment of its characteristics through the lenses of tort law, to the proper balancing between just and pragmatic considerations in applying a basis of liability to a specific person, each chapter was focused on a specific problem. At the outset of this work, a number of potential avenues have been present as choices between favoring important, yet sometimes opposed interests. An injured person can be seen as a person at whose expense technological progress should occur as it creates higher overall benefits for society. If the regulation is overly protective of victims, innovation may be stifled and people who are capable of bringing progress may leave the country or jurisdiction. On the other hand, favoring innovation without sufficient care for collateral harm it creates to consumers of new products (but also other types of harm, which are not always treated by tort law, such as psychological or environmental harm), is not the way to imagine the future.

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Position of an Injured Party

  • Nasir Muftić

摘要

Previous chapters addressed several issues that are generated by AI. From the most fundamental ones, such as the definition of this technology, over the assessment of its characteristics through the lenses of tort law, to the proper balancing between just and pragmatic considerations in applying a basis of liability to a specific person, each chapter was focused on a specific problem. At the outset of this work, a number of potential avenues have been present as choices between favoring important, yet sometimes opposed interests. An injured person can be seen as a person at whose expense technological progress should occur as it creates higher overall benefits for society. If the regulation is overly protective of victims, innovation may be stifled and people who are capable of bringing progress may leave the country or jurisdiction. On the other hand, favoring innovation without sufficient care for collateral harm it creates to consumers of new products (but also other types of harm, which are not always treated by tort law, such as psychological or environmental harm), is not the way to imagine the future.