Algorithmic Torts: A Prospective Comparative Overview

In more or less noticeable ways, algorithms are pervading every sector of life. As algorithm-related activities multiply around us, it is reasonable to predict that so will accidents and, consequently, compensation claims framed as torts. Against this background, the paper investigates from a comparative perspective how legal systems in three regions of the world—the U.S., (continental) Europe, and China—could approach the rise of algorithmic torts. First, the paper sketches out the main features that might be associated with algorithm-related torts and the specific challenges that they might bring to current legal frameworks. It then presents the state-of-the-art of the legal debate about algorithmic liability in U.S., Europe, and China. Finally, the paper delves into the ways in which tort laws in these three regions might address injuries associated with algorithmic activities, reviewing in particular the criteria for grounding jurisdiction, the procedural devices applying to tort law claims, the liability regimes under which claims could be framed, the mechanisms for damage attribution and apportionment, and the type and amount of potential recoverable losses.