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Artificial intelligence and civil liability—do we need a new regime?
,
Andrew Tettenborn
International Journal of Law and Information Technology, Volume: 30, Issue: 4, Pages: 385 - 397
Swansea University Authors:
Baris Soyer , Andrew Tettenborn
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DOI (Published version): 10.1093/ijlit/eaad001
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...
| Published in: | International Journal of Law and Information Technology |
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| ISSN: | 0967-0769 1464-3693 |
| Published: |
Oxford
Oxford University Press (OUP)
2022
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| Online Access: |
Check full text
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa60814 |
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| 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. |
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| Keywords: |
Artificial intelligence, tort liability, personal injury and death, dignitary injuries, damage to property, other losses |
| College: |
Faculty of Humanities and Social Sciences |
| Funders: |
Swansea University |
| Issue: |
4 |
| Start Page: |
385 |
| End Page: |
397 |