Hidden Engines of Destruction: The Reasonable Expectation of Code Safety and the Duty to Warn in Digital Products

This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital harm? In previous work, I have explored this question in the context of contract law and consumer consent. This Article approaches the question from a different legal context. Specifically, this Article considers whether a duty to warn should exist in connection with digital products.

Even if we assume arguendo that a harmed consumer will have difficulty quantifying actual damages, an independent duty to warn on the part of the digital product creator or operator may still exist.