Civil liability regimes for AI-related torts within the Italian legal system
De Mari Casareto dal Verme · European Journal of Privacy Law & Technologies · 2024
The paper addresses the issue of ascribing civil liability for torts committed by ‘intelligent software agents’, i.e., tangible or intangible product equipped with Artificial Intelligence (AI) in the ‘modern’ sense of the term. As the latest proposals and forthcoming EU legislation do not affect the core of liability regimes existing at national level, it is necessary to investigate the features and operational rules of the liability regimes destined to play a central role when it comes to AI-related torts. In the Italian legal system, the outcome of the analysis shows that the so-called ‘responsibility gap’ generated by AI can be filled by providing for appropriate interpretative adjustments to the ‘traditional’ tort law rules in the light of the peculiarities of modern AI. In this respect, Italian tort law shows to be flexible enough to also cover damages caused by smart products, stillreaffirming the need to strike a balance between individuals’ rights protection and incentivizing technological innovation.