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So, too, with false imprisonment. It is understandable that the law should be wary of recognizing claims for negligently imposed false imprisonment, given how readily liability for minor and relatively harmless detentions might then attach.258 But it would be a mistake to suppose that a company that negligently designs or deploys an artificial intelligence model in order to surveil suspected shoplifters, and thereby foreseeably causes innocent customers to be imprisoned without cause, is insulated from claims to redress by the deep normative logic of tort law. The structure of civil law clauses such as BGB section 823(1)259 straightforwardly accommodates claims for negligently and unjustifiably infringing rights against liberty-depriving detention. Common law development might prudently do the same — whether by recognizing such detentions as a new form of actionable damage in negligence260 or by recognizing a new and delimited tort, such as a tort of recklessly causing false imprisonment.。关于这个话题,搜狗输入法提供了深入分析
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