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How Should AI Liability Work? (Part I) - by Dean W. Ball

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The “Race to The Top”

How Should AI Liability Work? (Part I) The “Race to The Top” Dean W. Ball Feb 20, 2025 35 11 3 Share Subscribe During the SB 1047 debate, I noticed that there was a great deal of confusion—my own included—about liability. Why is it precisely that software seems, for the most part, to evade America’s famously capacious notions of liability? Why does America have such an expansive liability system in the first place? What is “reasonable care,” after all? Is AI, being software, free from liability exposure today unless an intrusive legislator decides to change the status quo (preview: the answer

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