Following the coming new year, the Y2K Problem will create problems worldwide. While the exact extent of its harm is open to debate, there is no disagreement over its inevitability. In fact, some computer-related companies (including the makers of Norton Anti-Virus and Quicken for Windows have already been sued for damages arising from allegedly non-Y2K-compliant products. While various actors at all levels of business and government will be subject to legal liability for such malfunctions, this article will examine the legal liability of software producers and engineers under current remedial theories. Software manufacturers are a logical choice for this examination because they will likely be ultimately liable for most Y2K errors. For instance, if an individual sues his bank for miscalculation of interest arising from Y2K errors, the bank will, in turn, bring an action against the maker of the software responsible for such calculations. This scenario will repeat itself in many contexts.
William D. Horgan,
The Y2K Problem: Proposed Statute to Guide Triers of Fact in Determinations of Negligence,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol6/iss3/5