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Abstract:

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.

Additional information

Notes on contributors

Bijoy Bordoloi

Bijoy Bordoloi is an Associate Professor of Information Systems and Management Sciences at the University of Texas at Arlington. He received his Ph.D. in MIS from Indiana University, Bloomington. His current research interests include the examination of legal liability aspects of information systems, logical and physical database design issues, software metrics, and economics of information technology. His work has appeared in several journals, including Journal of Database Management, Journal of Information Technology Management, Journal of Information Science and Technology, Journal of End-User Computing, Journal of Information Systems Management, and International Journal of Production and Operations Management.

Kathleen Mykytyn

Kathleen Mykytyn is a researcher and consultant. She received her M.S. in information systems from the University of Texas at Arlington. She has specialized in the impact of computing technology in both the public and private sectors. She is especially concerned with investigating the potential legal liabilities that can impact organizations, systems developers, and the public. She has spoken to private and nonprofit organizations regarding her research, which has been published in MIS Quarterly, Information and Management, AI & Society, and Journal of Systems Management.

Peter P. Mykytyn

Peter P. Mykytyn, Jr. is an Associate Professor of Information Systems and Management Sciences in the College of Business Administration at the University of Texas at Arlington. He received his Ph.D. in computer information systems from Arizona State University. His current research interests include the investigation of the impact of computing technology on persons and organizations, legal liability issues surrounding computer-based systems, and the use of information technology for strategic advantage. His work has been published in MIS Quarterly, Information and Management, Knowledge and Policy, AI & Society, and Information Resources Management Journal.

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