Ian Stewart (Partner-Los Angeles) co-authored "The Robots Are Coming: Are We Ready for Robot Liability?" published in the Summer 2016 issue of CLM's Litigation Management. The article addresses the unique challenges that will arise when determining liability for damages caused by decisions made by sophisticated autonomous robots. These are robots that possess adaptive intelligence, whereby they make independent decisions based on programming rather than through the control of an operator. Many industry leaders at the forefront of robolaw are calling for new liability rules to foster innovation while providing a fair allocation of risk for injuries caused by sophisticated robots. One interesting idea under consideration is to follow a hybrid approach to liability for sophisticated robots, whereby traditional product liability principles are applied if a defect can be identified, but the robot is treated similarly to a domesticated animal when the negligence of the robot's owner or someone injured by the robot contributes to the occurrence. Though it has not yet been tested in the courts, this hybrid approach to liability appears well suited for the next generation of robots. Other suggestions include the development of uniform national standards for design and use, and the creation of new regulatory schemes, including possible preemption or no-fault liability systems. To spur innovation of this nascent industry, some have proposed a narrow immunity, similar to immunities provided to the commercial aviation industry and to Internet hosting companies for user generated content. Minimum liability limits for injuries or damage caused by autonomous robots is another idea being discussed. "The sophisticated autonomous robot likely represents a new participant in our future liability claims," says Ian. "How we treat this new player under the law remains to be seen. Answers are needed, however, because the robots are coming."
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