Tort law as a tool for mitigating catastrophic AI risk
Berkman Klein Center
3mo · read
A proposal to make liability the central pillar of AI governance — strict liability, capability-scaled insurance requirements, and punitive damages as a backstop where regulation lags.
Professor Gabriel Weil discusses the role that tort law can play in compelling AI companies to internalize the risks generated by training and deploying advanced AI systems. He outlines a liability framework based on strict liability, liability insurance requirements that scale with potentially dangerous model capabilities, and punitive damages designed to address uninsurable risks. The talk also addresses the doctrinal and normative case for strict liability and for liability as the central pillar of AI governance.Part of the AI Governance Speaker Series co-sponsored by AISST and the HLS AI Law Association (AIA).SpeakerGabriel Weil is an Associate Professor at Touro University Law Center and a Non-Resident Senior Fellow at the Institute for Law & AI. He also serves on the board of…
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