1. W. Nicholson Price, Sara Gerke, and I. Glenn Cohen, Potential Liability for Physicians Using Artificial Intelligence, 322 JAMA 1765, 1765 (2019) (stating, “there is essentially no case law on liability involving medical AI.”).
2. Madeline Roe, Who’s Driving That Car?: An Analysis of Regulatory and Potential Liability Frameworks for Driverless Cars, 60 B.C. L. Rev. 317, 328-40 (2019) (reporting that “claims against the surgeons, the manufacturers of the robot, and the hospitals where the surgeries are performed” have been filed using theories of medical malpractice, product liability, and ordinary negligence).
3. Karni A. Chagal-Feferkorn, Am I an Algorithm or a Product? When Products Liability Should Apply to Algorithmic Decision-Makers, 30 Stan. L. & Pol’y Rev. 61, 62-63 (2019) (stating that the “seller, manufacturer, distributor, or any other party in the distribution chain” is traditionally liable).
4. Id. at 63.
5. Restatement (Third) of Torts: Prod. Liab. § 2 (1998) (stating that a “product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings”).