Product liability for defective AI

Miriam C. Buiten ()
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Miriam C. Buiten: University of St. Gallen, Law School

European Journal of Law and Economics, 2024, vol. 57, issue 1, No 10, 239-273

Abstract: Abstract This paper studies the efficient definition of product defects for AI systems with autonomous capabilities. It argues that defining defects in product liability law is central to distributing responsibility between producers and users. The paper proposes aligning the standard for defect with the relative control over and awareness of product risk possessed by the producer and the user. AI systems disrupt the traditional balance of control and risk awareness between users and producers. The paper provides suggestions for defining AI product defects in a way that promotes an efficient allocation of liability in AI-related accidents. It assesses whether the recent EU policy proposal on product liability aligns with this approach.

Keywords: Liability rules; Artificial intelligence; EU product liability (search for similar items in EconPapers)
JEL-codes: K13 K40 K42 (search for similar items in EconPapers)
Date: 2024
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Citations: View citations in EconPapers (1)

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DOI: 10.1007/s10657-024-09794-z

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