Comment by Baker McKenzie

Accountability generally runs to the company and its people. Who is accountable for an AI agent’s actions or omissions is one of the key questions that courts and regulators will continue to grapple with. But principles of agency, tort, and contract law, a recently enacted California law barring defendants from asserting that AI caused the harm, and emerging regulatory guidance suggest that courts and regulators will generally look to the humans and entities behind an AI agent as being responsible for what it does.