Bridging the liability gaps: Why AI challenges the existing rules on liability and how to design human-empowering solutions

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Abstract

This chapter explores the so-called ‘liability gaps’ that occurs when, in applying existing contractual, extra-contractual, or strict liability rules to harms caused by AI, the inherent characteristics of AI may result in unsatisfying outcomes, in particular for the damaged party. The chapter explains the liability gaps, investigating which features of AI challenge the application of traditional legal solutions and why. Subsequently, this chapter explores the challenges connected to the different possible solutions, including contract law, extra-contractual law, product liability, mandatory insurance, company law, and the idea of granting legal personhood to AI and robots. The analysis is carried out using hypothetical scenarios, to highlight both the abstract and practical implications of AI, based on the roles and interactions of the various parties involved. As a conclusion, this chapter offers an overview of the fundamental principles and guidelines that should be followed to elaborate a comprehensive and effective strategy to bridge the liability gaps. The argument made is that the guiding principle in designing legal solutions to the liability gaps must be the protection of individuals, particularly their dignity, rights and interests.
Original languageEnglish
Title of host publicationLaw and Artificial Intelligence
Subtitle of host publicationRegulating AI and Applying AI in Legal Practice
EditorsBart Custers, Eduard Fosch-Villaronga
Place of PublicationThe Hague
PublisherT.M.C. Asser Press / Springer
Pages239-258
Number of pages20
ISBN (Electronic)9789462655232
ISBN (Print)9789462655225, 9789462655256
DOIs
Publication statusPublished - 2022

Publication series

NameInformation Technology and Law Series
PublisherSpringer
Volume35
ISSN (Print)1570-2782
ISSN (Electronic)2215-1966

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