From Human Fault To Algorithmic Accountability: Tort Law In The AI Era

Artificial Intelligence (AI) is transforming the way decisions are made across critical sectors worldwide. This shift from automation to autonomy presents significant challenges for traditional tort law, which has historically been built around concepts such as human fault, foreseeability and direct causation.

Introduction

Unlike traditional software systems that operate according to predefined instructions, modern AI systems increasingly rely on machine learning and adaptive decision-making processes. These systems allow them to function with varying degrees of autonomy across sectors such as:

• Healthcare
• Transportation
• Finance
• Public administration

Traditional tort principles evolved in an era where harmful conduct could generally be traced to an identifiable individual or entity. Today, however, many AI systems operate through complex algorithms whose decision-making processes may be difficult to understand even for their developers.