Innovative Technologies May Lead to New Torts

Shook Partner Cary Silverman, Of Counsel Jonathan Wilson and Staff Attorney Sarah Goggans have authored a follow-up to their 2017 report, Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies. The second edition examines the evolution of the regulatory and litigation landscapes and future liability trends associated with four primary emerging technology groups:
  • Robotics and artificial intelligence

  • Virtual and augmented reality

  • Wearable devices

  • 3D printing

Silverman, Wilson and Goggans predict what claims are likely to arise as an effect of the technologies’ implementation and how courts will apply constitutional principles to novel situations. The paper concludes with a set of principles of liability and regulation to guide courts, legislators and policymakers as they grapple with the challenges presented by emerging technologies. Among other things, these principles contend that:

  • traditional principles of liability adequately address most claims that arise from emerging technologies;
  • courts should apply constitutional principles of standing to preclude lawsuits seeking recovery for speculative fear of future harm;
  • state and local governments should avoid imposing regulations on emerging technology when federal agencies have acted on or are actively considering the issue; and
  • when regulation is warranted, it should be developed in collaboration with stakeholders who fully understand the technology.●

Cary Silverman
Cary Silverman
Cary’s public policy work focuses on product liability, tort and consumer law, and civil justice reform. He regularly authors amicus briefs on behalf of national business, trade and other advocacy groups in cases before the U.S. Supreme Court and state high courts. Cary assists clients with a wide range of complex legislative and regulatory matters. He has testified before Congress and most state legislatures.
Jonathan Wilson
Jonathan Wilson
Jonathan focuses primarily on counseling and defending product liability actions against pharmaceutical and medical device manufacturers. He provides guidance and expertise on all aspects of the litigation process, including pre-litigation risk assessments, e-discovery issues, deposition preparation, company witness and expert development, trial strategy and settlement. He has assisted clients in formulating strategies on the risk posed by post-settlement liens and third-party payor actions. He also has experience counseling clients regarding federal regulations governing the pharmaceutical industry, the Medicare Secondary Payer Act, and Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007.
Sarah Goggans
Sarah Goggans
Sarah works with Shook’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on civil justice reform, construction industry-related arbitrations, and employment law disputes.
2018-12-19T20:20:32+00:00October 1st, 2018|