This has resulted in some discussion within legal circles. With AI handling tasks ranging from diagnosing medical conditions to operating autonomous vehicles, it’s entirely possible that AI’s errors may result in harm to individuals in various circumstances.
Does a victim have legal recourse in these circumstances? In many instances and scenarios, when someone is injured due to the actions or negligence of another party, they may file a claim or lawsuit seeking financial compensation for such losses as their medical bills, lost wages, and various other economic and non-economic losses linked to their injuries.
This begs the question: Can someone also file an insurance claim or lawsuit when an AI injures them?
AI Has Already Caused Harm
This article isn’t meant to suggest that AI is inherently a negative force in society. Although there are risks associated with AI, there is also reason to believe the technology has the potential to deliver significant benefits to all of us.
For example, AI programs have already demonstrated the ability to efficiently diagnose illnesses with the same degree of accuracy as (and, in some cases, greater accuracy than) trained physicians. Such an example highlights just one way AI could prove advantageous.
However, unfortunately, there have already been instances in which AI has allowed people to be hurt. For example, in 2018, an AI operating an Uber self-driving vehicle failed to recognize a pedestrian in the vehicle’s path. The vehicle did not stop in time, colliding with the pedestrian and resulting in their tragic death.
It’s clear that AI is fallible. What may remain unclear for some is how victims and the surviving loved ones of AI’s errors can respond when said errors result in injury or death.