Expert Systems: A Question of Liability?

The development of expert systems has changed dramatically in recent years based largely on concepts dealing with artificial intelligence. These efforts are evolving from very specific, academically oriented efforts, such as medical diagnosis, to more managerially oriented corporate issues. Unfortunately, many proponents of these systems may be overlooking possible legal ramifications related to both the development and use of these systems. A major issue concerns the establishment of liability for the decisions and recommendations made by expert systems. Some liabilities could include product liability and negligence. All individuals involved with expert systems (knowledge engineers, domain experts, and users) are potentially subject to legal scrutiny. It behooves organizations involved in these systems to investigate potential legal problems concerning them. As these systems become more pervasive, courts may look upon them for what they are: systems of knowledge and experience, not simply passive computer software. A framework is presented that traces the development of a product, legal issues related to the development, and normative measures that organizations can take to forestall possible legal calamities.