Defects in computer-based systems (CBS) can adversely affect systems
development efforts and can present serious legal challenges to
developers. Of particular significance are the torts of strict
products liability and negligence that can arise as a result of
harm or injury resulting from, among other things, poor testing
of systems, inadequate warnings, or failure to use state-of-the-art
technology. The threat of injury has caused federal and state
agencies and legislatures to consider seriously courses of action
to inhibit the more injurious effects of such systems. This paper
examines these two torts in some detail and illustrates how CBS
developers could be threatened as a result of defective systems.
We also present a framework for injury assessment and reduction
of legal liability that can be used to guide CBS developers in
assessing the possibility of injury resulting from development
flaws. Further, the framework aids developers in their decision-making
process by identifying appropriate measures to take to reduce
their legal liability arising from what could be determined to
be faulty systems development efforts. In addition, the use of
the measures suggested by our framework might provide safer systems
to avoid harming individuals.
Key words and phrases: computer systems legal liability , legal aspects of computing , software development , tort liabilities