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AI Standard of Care
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Negligence

Res Ipsa Loquitur: When AI Failures Speak for Themselves

·15 mins
Resources Res Ipsa Loquitur Burden Shifting Black Box AI Explainability Negligence AI Liability Circumstantial Evidence
The Doctrine That Solves AI’s Black Box Problem # Artificial intelligence systems are often described as “black boxes”, systems where inputs go in and outputs emerge, but the internal reasoning remains opaque even to their creators. This opacity creates a fundamental litigation problem: how can an injured plaintiff prove what went wrong inside a system that nobody can fully explain?

What Is 'Standard of Care' and Why Does It Matter for AI?

·2 mins
Fundamentals Standard of Care Negligence Liability Basics
The Foundation of Professional Liability # Before we can understand AI standard of care, we must understand what “standard of care” means in traditional professional liability. The Basic Framework # In negligence law, professionals owe a duty to exercise the care that a reasonably competent member of their profession would exercise under similar circumstances. This is the “standard of care.”