Liability for AI Driven Systems

Abstract

AbstractThis 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.