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28 Transnat'l L. & Contemp. Probs. 309 (2018-2019)
Algorithmic Torts: A Prospective Comparative Overview

handle is hein.journals/tlcp28 and id is 335 raw text is: Algorithmic Torts: A Prospective Comparative Overview Marta Infantino and Weiwei Wang* In more or less noticeable ways, algorithms are pervading every sector of life. As algorithm-related activities multiply around us, it is reasonable to predict that so will accidents and, consequently, compensation claims framed as torts. Against this background, the paper investigates from a comparative perspective how legal systems in three regions of the world-the U.S., (continental) Europe, and China-could approach the rise of algorithmic torts. First, the paper sketches out the main features that might be associated with algorithm-related torts and the specific challenges that they might bring to current legal frameworks. It then presents the state-of-the-art of the legal debate about algorithmic liability in U.S., Europe, and China. Finally, the paper delves into the ways in which tort laws in these three regions might address injuries associated with algorithmic activities, reviewing in particular the criteria for grounding jurisdiction, the procedural devices applying to tort law claims, the liability regimes under which claims could be framed, the mechanisms for damage attribution and apportionment, and the type and amount of potential recoverable losses. Marta Infantino is Associate Professor at the Law Department of the University of Trieste, Italy. Weiwei Wang is a Ph.D. candidate at the Universities of Udine and Trieste, Italy. Introduction and conclusion were co-authored. Part III.C, as well as references to Chinese law in Part IV, were written by Weiwei Wang. Marta Infantino is the author of the other sections. Many thanks for their help and comments to Mauro Bussani, Miquel Martin-Casals, Francesco Mezzanotte, Paola Monaco, Sofia Ranchord~s, Teresa Rodriguez de las Heras Ballell, Pietro Sirena, and all the participants in the seminar on 'Algorithmic Torts in the United States, Europe and China' at the Bocconi University of Milan (Italy) on April 11, 2019, and in the Workshop 'Technology and Innovation: Challenges for Traditional Legal Boundaries' at the XXth International Congress of Comparative Law in Fukuoka (Japan) on July 25, 2018, as well as to Christopher Blexrud for the language editing. All mistakes are our own.

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