When Artificial Intelligence (AI) systems possess the characteristics of unpredictability and autonomy, they present challenges for the existing liability framework. Two questions about the liability of AI deserve attention from policymakers: 1) Do existing civil liability rules adequately cover risks arising in the context of AI systems? 2) How would modified liability rules for producers, owners, and users of AI play out? This report addresses the two questions for EU non-contractual liability rules. It considers how liability rules affect the incentives of producers, users, and others that may be harmed by AI. The report provides concrete recommendations for updating the EU Product Liability Directive and for the possible legal standard and scope of EU liability rules for owners and users of AI.
Buiten, Miriam and de Streel, Alexandre and Peitz, Martin, EU Liability Rules for the Age of Artificial Intelligence (April 1, 2021).