Liability for AI driven systems

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Abstract

This article tries to assess if the current civil liability regimes provide a sound framework to tackle damages when AI systems—especially those based on machine-learning—are involved. We try to find answers for three questions: is there a place for fault-based liability, when it is impossible to ascertain, among multiple actors, whose action caused the damage? Are current strict liability regimes appropriate to address no-fault damages caused by the functioning of AI-systems or a new system is needed? When should an agent be exempted from liability? This analysis takes into consideration the important work produced within the European Union, especially the 2019 Report on “Liability for AI and Other Emerging Digital Technologies” (by the Expert Group set up by the European Commission), the European the Parliament 2020 Resolution on Civil Liability for AI, the 2021 Draft AI Act, the 2022 Draft AI Liability Directive and the 2022 Draft Product Liability Directive.

Original languageEnglish
Title of host publicationMultidisciplinary perspectives on artificial intelligence and the law
EditorsHenrique Sousa Antunes, Arlindo L. Oliveira, Elsa Vaz de Sequeira, Pedro Miguel Freitas, Clara Martins Pereira, Luís Barreto Xavier
PublisherSpringer Nature
Pages299-317
Number of pages19
ISBN (Electronic)9783031412646
ISBN (Print)9783031412639
DOIs
Publication statusPublished - 2024

Publication series

NameLaw, Governance and Technology Series
Volume58
ISSN (Print)2352-1902
ISSN (Electronic)2352-1910

Keywords

  • Alternative causation
  • Artificial intelligence
  • European law
  • Exemption from liability
  • Fault-based liability
  • Liability
  • Strict liability

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