The New Frontier of Civil Liability: Artificial Intelligence, Autonomy, and Consumer Protection
Sebastián Bozzo Hauri · 2025
Technological evolution has entered a phase that challenges the very foundations of private law. The emergence of systems based on artificial intelligence (AI)—particularly in their most recent form, so-called AI agents—compels a reassessment of the traditional framework of civil liability, especially in the field of consumer law. The trajectory of AI has followed a path marked by three distinct waves. The first wave was predictive AI, trained on historical data to anticipate future behavior, as seen in recommendation engines and segmentation models. The second wave introduced generative AI—such as ChatGPT or Gemini—capable of producing text, images, or decisions based on prompts. However, it is the third wave, embodied by AI agents, that poses the greatest challenge: software capable of autonomous action, making decisions on behalf of users, interacting across platforms, and executing tasks with minimal human oversight.