Chapter 5 A Review Of Artificial Intelligence Studies In Law: Trends and Future Challenges

b) Control of Risks or Control of Environment: “This principle assumes that the supplier is able to anticipate and control the risks of harm; it inadequately addresses the problem of harm arising from interaction with the wrong external environment. The driving force behind this is again a concern over how to allocate efficiently the costs of changes in our society. The control of risks principle presumes that the supplier can anticipate and control risks using his or her knowledge of society and basic common sense. Therefore, when a risk is a feature of the environment in which the product is used, and reasonable safety features are incorporated, this principle will not support an award. The presumption of the developer’s superior knowledge in the general case becomes subordinate to the

c) Risk Cost-Spreading or Preventive Effort Allocation: “The risk cost-spreading principle is motivated entirely by economic ethos with no regard for intent. Its basic presumption is that errors and injuries are inevitable. Thus, whenever the manufacturer is in a better position than the purchaser to spread the cost of such injuries (that is, whenever the manufacturer sells to enough purchasers that the manu- facturer can adjust the price to cover the direct and transaction costs) this principle supports imposition of strict liability.”(36)…

d) Deep Pocket or Budding Industry: “Money-the deep pocket-is the motivating factor for many, if not most, product liability suits. Protection of a new venture is, and has been, a motivation for denying extension of a cause of action beyond its current limits. These two motivations come into direct conflict in this field. Resolution of this conflict is not, and cannot be, based on any stated reason, law, or logic, because the conflict extends from a contra- diction inherent in our society. Resolution will be based on the determinations of juries, serving as a source of knowledge of what justice is in our society.”(37)…