This is the title of an essay I’ve written and recently posted in draft form on SSRN. I’ve kept the abstract pretty simple:
Many predictions have been made, especially lately, about how tort law will
interact with new technologies. But what can one actually foresee in this respect? This
essay considers what lessons the emerging field of forecasting science might provide for predictions regarding tort law and innovations, and proposes some rules and best
practices for these kinds of forecasts.
The essay discusses tort law’s application to innovations of the past and present (trampolines, automobiles, and airplanes among them) and the not-always-successful efforts that have been made to predict how these interactions will unfold. Like most of my writing, it’s more descriptive than normative, but I do offer some suggestions regarding forecasting in this sphere.
Some projects write easy; others not so much. It took forever for the idea behind this essay to coalesce into anything I felt comfortable sharing with a larger audience. The piece could probably benefit from still more polishing — comments are always welcome — but it was time for the perfect to stop warring with the good (or at least, the mediocre) and get this out there.