Silverman Talks Robot Torts on Legal Podcast

Shook Partner Cary Silverman is featured on an episode of the Open to Influence podcast, hosted by Charles Lipper, CEO of Volubility Podcasting. Silverman and Lipper discuss the potential legal liabilities stemming from the increased use of robots in factories, retail stores, homes and vehicles.
 
Silverman says courts will likely apply existing legal principles to lawsuits alleging that a robot has caused an injury. Employment law, for example, holds companies liable for the actions of their employees in some contexts, while pet owners are liable for injuries caused by their pets only after the dog has shown a "vicious propensity" under the "one bite rule." Similarly, courts may choose to hold robot manufacturers liable for injuries caused by their products if the manufacturers knew of the dangers posed. Further drawing on the animal law comparison, Silverman mentions "dangerous dog laws" that identify particular breeds as exempt from the "one bite rule"; perhaps types of robotics, such as fully autonomous industrial robots, will be approached similarly, he suggests.
 
Silverman also discusses his reports for the U.S. Chamber Institute for Legal Reform, including Bad for Your Health: Lawsuit Advertising Implications and Solutions and the first and second editions of Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies.