TY - CHAP
T1 - Bridging the liability gaps: Why AI challenges the existing rules on liability and how to design human-empowering solutions
AU - De Conca, S.
PY - 2022
Y1 - 2022
N2 - 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.
AB - 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.
UR - https://link.springer.com/book/10.1007/978-94-6265-523-2
U2 - 10.1007/978-94-6265-523-2_13
DO - 10.1007/978-94-6265-523-2_13
M3 - Chapter
SN - 9789462655225
SN - 9789462655256
T3 - Information Technology and Law Series
SP - 239
EP - 258
BT - Law and Artificial Intelligence
A2 - Custers, Bart
A2 - Fosch-Villaronga , Eduard
PB - T.M.C. Asser Press / Springer
CY - The Hague
ER -