Acting with AI: An Interaction-Based Framework for Agentic Tort Liability

Agentic AI systems can plan over multiple steps, use tools, and execute tasks over time. When such systems cause harm, tort law struggles to allocate responsibility because the harmful path may be neither fully chosen by the user nor specifically foreseen by the developer. This paper proposes an interaction-based framework for agentic torts, drawing on Michael Bratman's planning theory and on the common law's treatment of human-human concerted action. We distinguish three interaction types: autonomous drift, pure tool use, and collaborative planning. Pure tool cases remain governed by ordinary product-defect and warning doctrines; collaborative planning cases map onto the independent cont...

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