On this episode of the Touro Law Review Podcast, Touro Law Professors Peter Zablotsky and Gabriel Weil, engage in a discussion about artificial intelligence and how this technology poses potential risks. As AI becomes more prevalent and its technical capabilities extend further beyond its current capacity, there is both a danger for misuse and for AI system failures. Professor Weil addresses how AI risk poses a problem for law and policy and further raises the argument that tort law is the best way to govern AI risk.

Professor Weil further investigates potential AI liability under a negligence scheme, what precautionary measures can be taken, and whether this type of technology use can be categorized as abnormally dangerous which would require a lens of strict liability. Furthermore, Professor Zablotksy and Professor Weil contemplate the effectiveness of potential legislation and how judges may struggle to understand AI and its technical operations when applying the law.  Professor Weil’s recent paper, “Tort Law as a Tool for Mitigating Catastrophic Risk from Artificial Intelligence,” will be of interest to anyone listening.