Legal discussions about artificial intelligence (AI) are shifting towards calls for reform, including proposals to grant legal personhood to AI agents. Critics highlight that traditional liability laws struggle to address the unpredictable nature of these systems, suggesting a need for new legal frameworks. This sentiment often stems from technological exceptionalism, which claims that emerging technologies require unique legal approaches. However, existing liability laws, particularly negligence and products liability doctrines, could be adapted to manage AI-related harms without extensive reform. From a law-and-economics perspective, developers are best positioned to mitigate risks through responsible design and usage of AI tools, similar to traditional products. User accountability is also crucial; informed users should bear some responsibility for misuse. As AI evolves, a recalibration of liability laws, rather than a complete overhaul, is essential. This includes integrating principles from medical malpractice and improving legal professionals’ tech literacy to ensure accountability is appropriately assigned.
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