Fahim Hossain (Eastern University, Bangladesh) has posted Vicarious Liability in the Age of Autonomous AI: Rethinking Legal Responsibility for AI-Driven Torts on SSRN. Here is the abstract:
The rise of autonomous Artificial Intelligence creates a massive gap in traditional tort law. Because AI systems operate as unpredictable Black Boxes without human control, old legal rules unfairly blame ordinary users for machine mistakes. This turns users into liability sponges while tech companies avoid responsibility. This research applies a qualitative doctrinal methodology. It evaluates both primary statutes and secondary legal scholarship. This direct analysis addresses the current regulatory gaps. To fix this problem, this paper proposes the Distributed Liability Model, based on the Risk Control principle. Instead of punishing powerless human users, this framework shifts strict liability to the commercial businesses—the Developers and Deployers—who control the technology and make the profit. Importantly, the research introduces a new mathematical formula for shared liability that automatically sets the ordinary user’s liability share to zero. It divides damages between commercial actors using a clear Control & Customization Test. Supported by a mandatory Industry Compensation Pool to protect victims if a company cannot pay, this legal framework ensures fair risk sharing and guaranteed compensation in the AI age.
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