Merton Howard Speaks at Defense Research Institute

Artificial Intelligence (AI) may dominate today’s headlines with splashy teasers about the sci fi of the future, but its integration into consumer products has been quietly evolving for decades. Now embedded in everything from vehicles to household appliances, AI presents new legal and ethical challenges for manufacturers and the attorneys who defend them. As smart devices surveil user behavior and report malfunctions, questions arise:  If AI in household appliances track the user’s behaviors (like what time they make their coffee or what settings and customizations they have) and/or can monitor product malfunction or misuse to the manufacturer (or its vendors), does the user have an invasion of privacy claim? What warnings, disclosures, or permission does the manufacturer need to have in place to help ensure that it isn’t creating liability for itself when collecting this data? Does the ability to collect data on product malfunctions then create a responsibility to do so? Once that data is collected, might a manufacturer be considered “on notice” of an issue in subsequent litigation? And can this data be subpoenaed for use in litigation? In response, this session will explore how AI is reshaping product liability litigation—redefining duty, foreseeability, and consumer expectations in the process. The panel will also address how product liability defense attorneys are using AI in practice and in court.

Merton Howard: "AI: An Overnight Development 50 Years in the Making and the Ethical Implications in Products Liability"