Artificial intelligence (“AI”) holds great promise, but it also poses new safety risks for users when embedded in products or services. Many people challenge the adequacy of today’s tort or extra-contractual liability regimes in the face of this new technology. The absence of clear safety provisions in the law also creates legal uncertainty for businesses that are marketing AI products. For now, there is little certainty; hence, in the spirit of Plato that an “opinion is the medium between knowledge and ignorance”, we decided to produce two opinions from two different viewpoints as to how AI and liability should be dealt with until there will be knowledge or at least more legal certainty.
The first opinion analysed AI and liability from the viewpoint of the life cycle of AI, and this second opinion will focus on the different existing liability regimes to constitute a tort. We encourage you to read both opinions to have a comprehensive overview of the challenges relating to liability issues we consider essential when talking about AI and liability. This may also serve as a tool to identify risks when starting to develop or implement an AI solution.
As explained in our first opinion, much remains unclear regarding the liability of AI. Therefore, the following considerations represent our opinion based on current laws and our collective experience of how they are applied.
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