Products’ Liability and Artificial Intelligence: Risk Allocation to help Technological Development

Track 5 Legal
11:2014/11/2020

The autonomy of decision-making of Artificial Intelligence (AI) technology products, opens the discussion on multiple ethical and legal issues, that aim to find a solution on how to regulate AI defective product liability, social risk and consumers’ safety.
If the debate on the legal qualification of such products, in particular intelligent robots, is still far away from finding a common answer, the problem of products’ liability has been partly solved by adapting the already existing rules on manufacturers liability to AI algorithm’s developers.
Due to various inadequacies showed by this kind of approach, such as incompatibilities between the definitions of machine learning algorithm and manufactured product, the European Commission has targeted this issues, providing hypothetical different solutions that may pursue a new legal scheme able to increase social confidence in AI technology and enlarge the sample of potential investors.