virus liability

Who should take responsibility for the damage caused by viruses? What about when a company transmits a virus and they know that their systems are infected? Or when a company neglects to use up-to-date antivirus software? The Economist takes a look at the state of viruses, and makes in prediction in their latest article on Computer viruses:

However, his [Harvard Law School's Berkman Centre for Internet and Society] colleague John Palfrey says that it would not surprise him if a lawsuit were brought against an organisation which unknowingly but negligently transmitted a virus. And if you think virus writers are scary, you have clearly never met a tort lawyer.