As AI systems take on increasingly autonomous roles, courts will increasingly face a difficult question: How should negligence law respond when AI causes harm?
@CecilYongo, Research Affiliate at LawAI, tackles this question in a new research article published by the Journal of Tort Law.
Abungu challenges a growing assumption in legal scholarship: that the opacity and unpredictability of AI systems make harmful outcomes inherently unforeseeable. Instead, he argues that these features are often the result of design choices made by AI developers, who prioritize performance over interpretability.
The article proposes a clear framework for US courts:
• Preserve existing doctrine where foreseeability already supports plaintiffs
• Reform duty-foreseeability to advance more categorical, plaintiff-friendly reasoning
• Retain fact-sensitive analysis for breach-foreseeability and proximate cause-foreseeability to avoid overreach
The result is a more calibrated approach to foreseeability; one that reflects the distinctive risks posed by autonomous AI agents without abandoning negligence law’s core structure.
Read the abstract and download the article PDF at
law-ai.org/foreseeing-the-un….