Tech Policy Podcast 418: Algorithms, AI, and Product Liability
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Sep 15, 2025 Ari Cohn, Lead Counsel for Tech Policy at FIRE, and Tom Kurland, Partner at Patterson Belknap, dive into the hot topic of product liability lawsuits against social media and AI companies. They explore the intricacies of tort law and how mass production complicates legal accountability. Discussion points include the misconception of social media addiction and the responsibilities of AI developers in this evolving landscape. Their insights challenge the legal frameworks around digital speech and the implications of algorithmic recommendations.
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Why Strict Products Liability Exists
- Products liability evolved to hold manufacturers strictly liable when dangers are hidden and users lack privity.
- Design, manufacturing, and failure-to-warn are the three classic strict liability categories Tom describes.
Causation Is A Major Hurdle
- Social-media suits often show a weak link between the platform's action and the plaintiff's harm.
- Tom emphasizes proximate cause problems like in Palsgraf where the chain of causation is attenuated.
Publisher Activity Vs. Algorithm Liability
- Courts struggle to draw a principled line between publisher activity and alleged algorithmic defects.
- The Supreme Court returned Gonzalez because judges found no clear limiting principle for liability over content arrangement.