AI and Liability
Cayce Myers · 2025
Chapter Overview This chapter examines the core concepts of liability for artificial intelligence (AI) in the U.S. and E.U. The philosophical underpinnings of liability are discussed through the historical development of negligence and strict liability within the common law system of Great Britain and the U.S. The chapter then examines contemporary attempts to define AI liability in the European Union and the U.S. with a focus on how the two systems approach AI from a rights-based protection (E.U.) and a market-driven innovation approach (U.S.). The chapter concludes with a discussion of the future of liability and the technological difficulty in assigning fault in AI systems that utilize opaque, black box designs.