• Skip to content
  • Skip to primary sidebar

Carter Ledyard & Milburn LLP

  • Professionals
  • Practices
  • Industries
  • News & Events
  • Thought Leadership
  • Looking Ahead
  • Insights and Multimedia
  • Our Firm
Stay Connected
Stay Connected
Subscribe To Our Publications
Subscribe To Our Publications
Print Email

Tort Liability When AI Goes Rogue: Strict Liability

November 3, 2026/less than a minute

Writing for Law360, Partner Donald W. Hawthorne continues his three-part series on AI and tort liability.

The first installment of this three-part article discussed the potential application of negligence doctrine to harms caused when AI agents go rogue — taking actions that users did not authorize or intend.

That discussion identified the possibility that negligence law would not provide a recovery for all harm caused by AI agents. If the precautions taken by an AI user could be viewed as reasonable, or the harm was not foreseeable or preventable, there is a risk of a liability gap.

That gap, while present in all negligence contexts, seems particularly relevant for AI agents if, as suggested, they can be expected to misbehave in unpredictable ways, and no reasonable precaution can prevent the resulting harm.

If a negligence regime will not provide a remedy for AI agents’ harm, should strict liability be imposed and, if so, on whom?

Read Full Article

sidebar

Related Practices

  • Litigation and Disputes

Related Industries

  • Artificial Intelligence (AI), Machine Learning (ML) and Automation

Related Professionals

  • Media item displaying Donald W. Hawthorne

    Donald W. Hawthorne

    /

    Partner

    D/212-238-8689
    hawthorne@clm.com
Copyright © 2026 Carter Ledyard & Milburn LLPPowered by Content Pilot
  • Sitemap
  • Disclaimer
  • Cookie Policy
  • Privacy Policy
  • Subscribe
  • Contact

Meritas

Meritas.org Logo

Legal Link

Legal link dot org logo