Category Archives: Products liability
Sandra Wachter, ‘Limitations and Loopholes in the EU AI Act and AI Liability Directives: What This Means for the European Union, the United States, and Beyond’
ABSTRACT Predictive and generative artificial intelligence (AI) have both become integral parts of our lives through their use in making highly impactful decisions. AI systems are already deployed widely – for example, in employment, healthcare, insurance, finance, education, public administration, and criminal justice. Yet severe ethical issues, such as bias and discrimination, privacy invasiveness, opaqueness, […]
Solaiman and Malik, ‘Regulating algorithmic care in the European Union: evolving doctor–patient models through the Artificial Intelligence Act (AI-Act) and the liability directives’
ABSTRACT This article argues that the integration of artificial intelligence (AI) into healthcare, particularly under the European Union’s Artificial Intelligence Act (AI-Act), poses significant implications for the doctor–patient relationship. While historically paternalistic, Western medicine now emphasises patient autonomy within a consumeristic paradigm, aided by technological advancements. However, hospitals worldwide are adopting AI more rapidly than […]
Peter Wills, ‘Care for Chatbots’
ABSTRACT Individuals will rely on language models (LMs) like ChatGPT to make decisions. Sometimes, due to that reliance, they will get hurt, have their property be damaged, or lose money. If the LM had been a person, they might sue the LM. But LMs are not persons. This paper analyses whom the individual could sue, […]
Guillem Izquierdo Grau, ‘The Development Risks Defence in the Digital Age’
ABSTRACT One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did not allow […]
Jon Garon, ‘Prometheus’ Digital Fire: The Civic Responsibilities of Artificial Intelligence’
ABSTRACT Artificial Intelligence (AI) has transformed the technological landscape and impacted almost every field of endeavor. Predictive AI can help science and industry understand trends in vast amounts of data, create biometric identification systems, and improve business efficiency. Generative AI enables apps to create new documents, music, images, and designs. These and other forms of […]
Aditya Krishnan, ‘Product Liability for Autonomous Vehicles With Respect to the Product Liability Directive, 1985: A Need for Revision?’
ABSTRACT The Product Liability Directive (PLD) controls the present risk appropriation associated with the operation of motor vehicles in the European Union. However, after more than three decades, technological advancements have rendered the Directive obsolete and incapable of addressing the basic issues that may come from software implanted in independently operating AVs in the public […]
Renee Henson, ‘“I am Become Death, the Destroyer of Worlds”: Applying Strict Liability to Artificial Intelligence as an Abnormally Dangerous Activity’
ABSTRACT Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or […]
Lillian White, ‘Carcinogenic Chemicals in Black Hair Products: A Product Liability Issue’
ABSTRACT The global hair market is valued at approximately ninety billion dollars. African American (or Black American) women consume hair care products more than other ethnic groups. Recent studies have shown that the ingredients used in Black hair relaxers are linked to cancer. Consequently, over two hundred product liability cases have emerged against hair care […]
Murat Mungan, ‘Market Share Liability versus (Random) Strict Liability’
ABSTRACT I consider a model in which firms engage in Cournot competition in producing potentially harmful products. In addition to choosing output, they also choose safety precautions, which affects each product’s likelihood of harm to third parties. The liability regime in place thus potentially affects not only the safety precautions taken by the firms, but […]
Beatriz Botero Arcila, ‘AI liability in Europe: How does it complement risk regulation and deal with the problem of human oversight?’
ABSTRACT Who should compensate you if you get hit by a car in ‘autopilot’ mode: the safety driver or the car manufacturer? What about if you find out you were unfairly discriminated against by an AI decision-making tool that was being supervised by an HR professional? Should the developer compensate you, the company that procured […]