scholarly journals Technological Triggers to Tort Revolutions: Steam Locomotives, Autonomous Vehicles, and Accident Compensation

2018 ◽  
Vol 11 (1) ◽  
pp. 71-143 ◽  
Author(s):  
Donald G. Gifford
Keyword(s):  
Autonomous Vehicles ◽  
Industrial Revolution ◽  
Strict Liability ◽  
Social Utility ◽  
Fault System ◽  
Workers Compensation ◽  
Technological Changes ◽  
Severe Injuries ◽  
Products Liability ◽  
Human Decision

AbstractWaves of technological change explain the most important transformations of American tort law. In this Article, I begin by examining historical instances of this linkage. Following the Industrial Revolution, for example, machines, no longer humans and animals, powered production. With greater force, locomotives and other machines inflicted far more severe injuries. These dramatic technological changes prompted the replacement of the preexisting strict liability tort standard with the negligence regime. Similarly, later technological changes caused the enactment of workers’ compensation statutes, the implementation of automobile no-fault systems in some states and routinized automobile settlement practices in others that resemble a no-fault system, and the adoption of “strict” products liability. From this history, I derive a model explaining how technological innovation alters (1) the frequency of personal injuries, (2) the severity of such injuries, (3) the difficulty of proving claims, and (4) the new technology’s social utility. These four factors together determine the choice among three liability standards: strict liability, negligence, and no-fault liability with limited damages. I then apply this model to the looming technological revolution in which autonomous vehicles, robots, and other Artificial Intelligence machines will replace human decision-making as well as human force. I conclude that the liability system governing autonomous vehicles is likely to be one similar to the workers’ compensation system in which the victim is relieved of the requirement of proving which party acted tortiously and caused the accident.

scholarly journals Economic Rationality and Ethical Values in Design-Defect Analysis: The Trolley Problem and Autonomous Vehicles

2018 ◽  
Author(s):  
W. Bradley Wendel
Keyword(s):  
Moral Philosophy ◽  
Autonomous Vehicles ◽  
Ethical Issues ◽  
Thought Experiment ◽  
Autonomous Vehicle ◽  
Strict Liability ◽  
Trolley Problem ◽  
Products Liability ◽  
The Third ◽  
Design Defect

The trolley problem is a well-known thought experiment in moral philosophy, used to explore issues such as rights, deontological reasons, and intention and the doctrine of double effect. Recently it has featured prominently in popular discussions of decision making by autonomous vehicle systems. For example, a Mercedes-Benz executive stated that, if faced with the choice between running over a child that had unexpectedly darted into the road and steering suddenly, causing a rollover accident that would kill the driver, an automated Mercedes would opt to kill the child. This paper considers not the ethical issues raised by such dilemmas, but the liability of vehicle manufacturers for injuries that foreseeably result from the design of autonomous systems. Some of the recent commentary on the liability of autonomous vehicle manufacturers suggests unfamiliarity with modern products liability law, particularly the design-defect standard in the Third Restatement of Torts. A superficial understanding of products liability principles – for example, believing it is a regime of strict liability in any meaningful sense – can lead to serious errors in the application of this area of law to autonomous vehicles. It is also a mistake to believe that the economic approach to negligence liability, as developed by Posner and Calabresi, accurately characterizes modern products liability principles. Under the Third Restatement approach, a court or jury will consider whether a product embodies a reasonable balance of safety and utility, and “reasonable” can be interpreted in accordance with ordinary community ethical standards. Thus, some of the issues that are central to resolving trolley problems in moral philosophy may actually recur in design-defect litigation.

Beshada v. Johns-Manville Products Corp.: The Function of State of the Art Evidence in Strict Products Liability

1984 ◽  
Vol 10 (1) ◽  
pp. 93-114 ◽  
Author(s):  
Jack Berman
Keyword(s):  
New Jersey ◽  
Supreme Court ◽  
State Of The Art ◽  
Strict Liability ◽  
The State ◽  
Health Hazards ◽  
Products Liability ◽  
The Supreme Court ◽  
Liability Claims

AbstractIn Beshada v. Johns-Manville Products Corp., the Supreme Court of New Jersey held that a state of the art defense is unavailable in cases brought under a theory of strict liability for failure to warn. The court indicated that asbestos producers may be held liable for their products' harms even if the health hazards of asbestos were unknown and not discoverable when the products were marketed. In a subsequent case, the New Jersey court held that state of the art evidence is relevant to whether a product is defective. This Case Comment examines these different uses of knowledge evidence in the disposition of products liability cases. It contends that manufacturers should not be held liable for unknowable risks. The Comment concludes that the state of the art defense establishes a logical limit on strict liability and promotes efficient resolution of products liability claims.

scholarly journals Design of AI-based gamification platform for effective educational service using child behavior prediction/change

2021 ◽  
Vol 12 (5) ◽  
pp. 286-292
Author(s):  
Hyeon Woo Nam
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Industrial Revolution ◽  
Teaching Method ◽  
Behavior Prediction ◽  
Interactive Communication ◽  
Service Platform ◽  
Learning Attitudes ◽  
Education Industry ◽  
Artificial Intelligence Technology

Due to the advancement of advanced technologies such as artificial intelligence, robots, autonomous vehicles, healthcare, virtual reality, augmented reality, etc. and the popularization of smartphones, it stimulates customer interest and leads voluntary participation in order to maximize interactive communication in all industries The gamification strategy incorporating games began to emerge. A representative field that generates results by easily introducing such a gamification strategy is the education industry that seeks to improve the educational effect by utilizing the elements of corporate marketing strategies and games such as challenge, competition, achievement, and reward. Recently, gamification research is being conducted to effectively apply AI and big data, the core technologies of the 4th industrial revolution in all industries. Gamification is actively forming markets in Europe and the US, and it can increase customer loyalty and productivity by applying various roles applied to games in other industries as well as serious games. The purpose of this study is to design and implement a gamification service platform based on artificial intelligence technology and operate the implemented system to expand the area where the gamification service applied to the existing marketing and consulting fields can be used. The designed gamification service platform can be applied to education services that increase learning efficiency by analyzing the predicted learning attitudes of trainees, and through successful research cases, it will be able to provide immersion effect to trainees and teaching method research to educators.

scholarly journals Mozaikok a szakképzés fejlődés közelmúlt évtizedeiből

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
István Lükő
Keyword(s):  
Industrial Revolution ◽  
Historical Period ◽  
Technological Changes ◽  
International Context ◽  
Strategic Response ◽  
The Third ◽  
Fourth Industrial Revolution ◽  
Digital Pedagogy ◽  
National Training ◽  
The Eu

A szakképzés utóbbi három évtizedes változásai meghatározóan fontosak önmagukban is és a technika-technológiai változások szempontjából is. Ezt a viszonylag rövid történelmi szakaszt átfogó korszakot növeljük a rendszerváltás előtti közvetlen évtized, valamint az EU elődjének tekinthető EGK integrációs törekvésének mozaikos bemutatásával. A rendszerváltásra és napjainkra fókuszálásunkat nemzetközi beágyazottságba illesztve mutatjuk be. Értelmezésünkben a szakképzés közép, és felsőfokú iskolarendszerei összekapcsolódnak. Saját vizsgálódásaim is igazolják korszakos technológiai átalakulások és a szakképzés fejlődésének „együtt futását”, kölcsönös egymásra hatását. Tanulmányom célkitűzései között vannak a 3. és 4. ipari forradalommal fémjelzett korszak jellemzőinek, hatásainak, továbbá az első szakképzési törvény és az OKJ megjelenésének, valamint a Magyar Szakképzési Társaság megalakulásának, működésének a bemutatása. A kétféle technológia a digitális pedagógiában kapcsolódik szervesen egybe. Az Ipar 4.0 kihívásai hazánkban is kikényszerítették a szakképzés stratégiai válaszát, amit a Szakképzés 4.0 elnevezésű középtávú fejlesztési koncepcióban olvashatunk. A sok szempontból korszakosnak mondható szervezeti és tartalmi átalakítások együttesen jelennek meg a megvalósítás folyamatában. Ennek a tervezetnek néhány részletét, elemét is bemutatom a cikkemben.The changes having taken place in VET during the latest three decades have been decisive themselves but also from the aspects of technical-technological changes. I extend the era covering this relatively short historical period by giving a mosaic-like introduction of the decade directly preceding the transition and of the integration endeavours of the EEC that can be considered as the ancestor of the EU. My focus on the transition and our days is embedded in an international context. In my understanding, the middle and higher level school systems of vocational education are intertwined. My own researches also proved the “co-running”, the mutual impact of epochal technological changes and the development of VET. The objectives of my study include the introduction of the features and effects of the era marked by the third and the fourth industrial revolution, the initiation of the first act on VET and the National Training Registry as well as the establishment and operation of the Hungarian VET Association. The two types of technologies get closely intertwined in digital pedagogy. The challenges put by Industry 4.0 enforced the strategic response of VET in Hungary, too, which can be read in the mid-term development concept titled VET 4.0. The organizational and content related changes, that are really epochal from several aspects, are appearing together in the process of implementation. I also present some details and elements of this plan in my paper.  

scholarly journals Human decision-making biases in the moral dilemmas of autonomous vehicles

2019 ◽  
Vol 9 (1) ◽  
Author(s):  
Darius-Aurel Frank ◽  
Polymeros Chrysochou ◽  
Panagiotis Mitkidis ◽  
Dan Ariely
Keyword(s):  
Decision Making ◽  
Autonomous Vehicles ◽  
Moral Dilemmas ◽  
Situational Factors ◽  
Future Research ◽  
Personal Perspective ◽  
Moral Code ◽  
Moral Decision Making ◽  
Moral Decisions ◽  
Human Decision

Abstract The development of artificial intelligence has led researchers to study the ethical principles that should guide machine behavior. The challenge in building machine morality based on people’s moral decisions, however, is accounting for the biases in human moral decision-making. In seven studies, this paper investigates how people’s personal perspectives and decision-making modes affect their decisions in the moral dilemmas faced by autonomous vehicles. Moreover, it determines the variations in people’s moral decisions that can be attributed to the situational factors of the dilemmas. The reported studies demonstrate that people’s moral decisions, regardless of the presented dilemma, are biased by their decision-making mode and personal perspective. Under intuitive moral decisions, participants shift more towards a deontological doctrine by sacrificing the passenger instead of the pedestrian. In addition, once the personal perspective is made salient participants preserve the lives of that perspective, i.e. the passenger shifts towards sacrificing the pedestrian, and vice versa. These biases in people’s moral decisions underline the social challenge in the design of a universal moral code for autonomous vehicles. We discuss the implications of our findings and provide directions for future research.

scholarly journals Characterising the Burden of Work-Related Injuries in South Australia: A 15-Year Data Analysis

2020 ◽  
Vol 17 (6) ◽  
pp. 2015
Author(s):  
Jianjun Xiang ◽  
Murthy Mittinty ◽  
Michael Xiaoliang Tong ◽  
Dino Pisaniello ◽  
Peng Bi
Keyword(s):  
Labour Force ◽  
Health And Safety ◽  
South Australia ◽  
Young Male ◽  
Community Services ◽  
Workers Compensation ◽  
Foreign Born ◽  
Severe Injuries ◽  
Work Related ◽  
Compensation Payment

To characterise the burden of work-related injuries in South Australia, workers’ compensation claim data were obtained from SafeWork South Australia between 2000 and 2014. Descriptive analyses were performed to investigate the burden of work-related injuries by age, gender, occupation, industry, and nature and mechanism of injury. Dunn’s test was used to compare the injury costs and working days lost by industry and occupation. Ordinary linear regression was used to investigate the age-injury cost association. A total of 464,139 workers’ compensation claims were reported during the 15-year period in South Australia, with an overall rate of 4.6 claims per 100 employees, resulting in a total of 20,861,001 working days lost and AU$14.9 billion dollars of compensation payment. Between 2000 to 2014, the annual claim rates, compensation payments, working days lost, and number of work-related death reduced by 59.3, 73.8, 87.1, and 78.6 percent, respectively, while the median compensation payment increased by 67.3% from AU$968 to AU$1620. A 1-year increase in age was associated with a 2.1% (Rate Ratio, RR = 1.021, 95% CI: 1.020–1.022) increase in compensation costs and a 1.3% (RR = 1.013, 95% CI: 1.012–1.020) increase in working days lost. Work-related injury rates are declining in most sectors, however some workers, especially young male technicians and labourers in the community services industry, remain at higher risk. Challenges for workers’ health and safety include the aging labour force, vehicle incidents, and severe injuries among new and foreign-born workers.

Autonomous Vehicles, Technological Progress, and the Scope Problem in Products Liability

2019 ◽  
Vol 12 (2) ◽  
pp. 157-212
Author(s):  
Alexander B. Lemann
Keyword(s):  
Autonomous Vehicles ◽  
Human Error ◽  
Motor Vehicle ◽  
Liability Rule ◽  
Products Liability ◽  
Liability Law ◽  
Relative Safety ◽  
Wide Range ◽  
Tort System ◽  
Safety Features

Abstract Autonomous vehicles are widely expected to save tens of thousands of lives each year by making car crashes attributable to human error – currently the overwhelming majority of fatal crashes – a thing of the past. How the legal system should attribute responsibility for the (hopefully few) crashes autonomous vehicles cause is an open and hotly debated question. Most tort scholars approach this question by asking what liability rule is most likely to achieve the desired policy outcome: promoting the adoption of this lifesaving technology without destroying manufacturers’ incentives to optimize it. This approach has led to a wide range of proposals, many of which suggest replacing standard rules of products liability with some new system crafted specifically for autonomous vehicles and creating immunity or absolute liability or something in between. But, I argue, the relative safety of autonomous vehicles should not be relevant in determining whether and in what ways manufacturers are held liable for their crashes. The history of products liability litigation over motor vehicle design shows that the tort system has been hesitant to indulge in such comparisons, as it generally declines both to impose liability on older, more dangerous cars simply because they lack the latest safety features and to grant immunity to newer, safer cars simply because of their superior aggregate performance. These are instances in which products liability law fails to promote efficient outcomes and instead provides redress for those who have been wronged by defective products. Applying these ideas to the four fatalities that have so far been caused by autonomous vehicles suggests that just as conventional vehicles should not be considered defective in relying on a human driver, autonomous vehicles should not be immune when their defects cause injury.

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