Mind the compensation gap : Towards a new European regime addressing civil liability in the age of AI

Whittam, Sadie (2022) Mind the compensation gap : Towards a new European regime addressing civil liability in the age of AI. International Journal of Law and Information Technology, 30 (2). pp. 249-265. ISSN 0967-0769

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Abstract

As artificial intelligence (‘AI’) becomes pervasive, it is inevitable that there will be a corresponding increase in AI disputes. However, it is often no easy task to determine liability in AI-related disputes due to the unique features of many AI systems, including their complexity, opacity, and the ability of some AI systems to self-adapt. This paper considers the existing EU liability framework and concludes that, at present, it is not adequate to ensure that injured parties can be compensated for damage caused by AI. The argument presented is that Product Liability Directive 85/374/EEC should be amended to provide greater protection for claimants that suffer harm caused by AI, and proposals for revision are suggested. In addition, this paper argues that there are cogent reasons to design sector specific legislation and identify ex ante which party should be held strictly liable for certain classes of AI.

Item Type:
Journal Article
Journal or Publication Title:
International Journal of Law and Information Technology
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/3300/3309
Subjects:
?? library and information scienceslaw ??
ID Code:
171367
Deposited By:
Deposited On:
07 Jun 2022 09:55
Refereed?:
Yes
Published?:
Published
Last Modified:
15 Jul 2024 22:41