In a recent article for PLI Chronicle: Insights and Perspectives for the Legal Community, Frank Ramos explores one of the most pressing challenges facing manufacturers and defense counsel as artificial intelligence becomes embedded in consumer and commercial products. The article titled, “The Black Box on Trial: Defending AI-Embedded Products When the Algorithm Cannot Explain Itself,” examines how traditional product liability principles are being tested by machine learning systems that operate through complex neural networks rather than human-written rules.

Ramos explains that courts and juries have long relied on the ability of experts to identify why a product failed. AI-driven products often lack that level of transparency. Whether involving autonomous vehicles, medical diagnostic tools, industrial robots, or smart devices, manufacturers may be able to determine what an AI system did without being able to fully explain why it made a particular decision. According to Ramos, this “black box” problem is poised to become a defining issue in future product liability litigation, creating new challenges for companies defending AI-enabled products.

The article also examines emerging legal theories that could reshape product liability law. Ramos discusses how plaintiffs may increasingly argue that a system’s lack of explainability is itself a design defect, contending that products capable of making autonomous decisions should also be capable of explaining them. He further explores how AI systems that continue learning after deployment challenge traditional concepts of product defects, raising questions about a manufacturer’s obligations to monitor and address changes in performance over time.

READ THE FULL ARTICLE HERE: “Article 2: The Black Box on Trial: Defending AI-Embedded Products When the Algorithm Cannot Explain Itself,” PLI Plus, September 14, 2026 (Subscription required)

MORE ABOUT GOLDBERG SEGALLA’S Frank Ramos:

A nationally recognized legal advisor and litigator, Frank has been defending clients in civil litigation for more than 26 years, focusing his practice on retail, product liability, premises liability, trucking, insurance and commercial disputes. A seasoned litigator, he has taken numerous trials and arbitrations to verdict or award.

Frank uses his extensive litigation experience to provide counsel, defense, and strategic guidance to retailers, developers, restaurants, fitness chains, hotels, resorts and other hospitality businesses. His representation has included negligent security, slip/trip and falls, catastrophic personal injury, trucking and motor vehicle accidents, employment and construction claims, as well as a variety of commercial disputes ranging from intellectual property and breach of contract to bad faith, franchise agreements, and landlord-tenant issues.