ABSTRACT
The EU Commission has published two proposals of new directives, one on liability for defective products, the other on liability of AI systems. Whereas the proposal on the product liability directive seems to be revolutionary as software is treated as a product, the other proposal on AI liability refers mainly to improvements for claimants concerning causality of a defect AI system, thus mostly relying upon national liability jurisdiction. The article analyzes in depth both proposals and argues for a stricter liability model.
Spindler, Gerald, Different Approaches for Liability of Artificial Intelligence – Pros and Cons – the New Proposal of the EU Commission on Liability for Defective Products and AI Systems (January 15, 2023).
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