PROFESSOR SARA GERKE CO-AUTHORS A NEW PIECE IN THE HARVARD BUSINESS REVIEW

LiabilityJuly 2021 — Professor Sara Gerke co-authors a new piece in the Harvard Business Review on artificial intelligence (AI) and the need for a new approach to legal liability. Her co-authors include scholars from Harvard Law School and the University of Pennsylvania.

This article argues that the current liability system in the U.S. cannot handle the risks relation to AI. A new approach to legal liability is needed to ensure that AI innovation and adoption will not be slowed. According to Professor Gerke and her co-authors, the answer to this problem “is to revamp the system, which involves revising standards of care, changing who compensates parties when inevitable accidents occur via insurance and indemnity; changing default liability options; creating new adjudicators; and revamping regulations to prevent mistakes and exempt certain kinds of liability.”

To read the full piece, click here.


Professor Sara Gerke is an Assistant Professor of Law at Penn State Dickinson Law. Her research focuses on the ethical and legal challenges of artificial intelligence and big data for health care and health law in the United States and Europe. Before joining Penn State Dickinson Law, Professor Gerke served as a Research Fellow in Medicine, Artificial Intelligence, and Law at the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School for the Project on Precision Medicine, Artificial Intelligence, and the Law (PMAIL).