Liability for Damage Caused by Artificial Intelligence - Some Food for Thought and Current Proposals

Jan De Bruyne, Orian Dheu · Edward Elgar Publishing eBooks · 2023

Although the use of AI systems has many benefits for a variety of sectors, different legal challenges remain. Against this background, several initiatives have been taken by EU institutions. A reoccurring topic is the liability for damage caused by AI systems. The characteristics of AI systems such as opaqueness, autonomy, connectivity, data dependency or self-learning abilities challenge some of the traditional concepts used in tort and product liability. The aim of this chapter is twofold. On the one hand, it briefly discusses the initiatives at the EU level with regard to liability and AI systems and identifies some pressing issues. On the other hand, it provides some preliminary answers and guidance de lege ferenda to the questions that are often identified. By doing so it contributes to the ongoing (academic) debate and provides input regarding the EU's priorities and choices in this domain.

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