Artificial intelligence and civil liability—do we need a new regime?. (15th February 2023)

• Record Type: Journal Article
• Authors: Soyer, Baris; Tettenborn, Andrew
• Is Part Of: International journal of law and information technology. Volume 30:Number 4(2022)
• Page Start: 385
• Page End: 397
• Publication Date: 2023-02-15
• Subjects: Artificial intelligence -- tort liability -- personal injury and death -- dignitary injuries -- damage to property -- other losses; Computers -- Law and legislation -- Periodicals; Legal research -- Data processing -- Periodicals; Information storage and retrieval systems -- Law -- Periodicals; Information technology -- Periodicals; 343.0999
• DOI: 10.1093/ijlit/eaad001
• Languages: English
• ISSNs: 0967-0769

Abstract

Abstract: Artificial intelligence (AI) is almost ubiquitous, featuring innumerable facets of daily life. For all its advantages, however, it carries risks of harm. In this article, we discuss how the law of tort should deal with these risks. We take account of the need for any proposed scheme of liability to protect the existing values of tort law without acting as a barrier to innovation. To this end, we propose a strict liability regime in respect of personal injury and death, and a bespoke fault-based regime for dignitary or reputational injuries. For other losses, we take the view that there is no justification for introducing any new regime, on the basis that AI applications do not introduce substantial added degrees of risk that would justify departing from the existing scheme of liability arising under the current law of tort.