Civil liability for AI in EU: General remarks

Artificial Intelligence (AI) has become an increasingly prominent and influential technology in modern society, permeating various sectors and significantly impacting the way we live, work, and interact. AI systems possess the ability to analyze vast amounts of data, recognize patterns, and make complex decisions with remarkable speed and accuracy. As a result, AI has facilitated significant improvements in efficiency, productivity, and problem-solving capabilities across various industries. From autonomous vehicles enhancing transportation safety to intelligent virtual assistants streamlining everyday tasks, AI has showcased immense potential in transforming societal functions. Nevertheless, alongside its transformative power, AI presents inherent risks and potential for damage. As AI systems become increasingly autonomous and capable of independent decision-making, questions regarding liability arise. Tort law, with its focus on civil wrongs and compensation for damage, plays a crucial role in determining legal accountability when AI-related damages occur. The complexities surrounding liability in AI are magnified due to the intricate interplay between human agency and machine autonomy, raising challenging legal questions that demand careful consideration. This contribution aims to present a general overview of the liability regimes currently in place in EU Member States and to determine if they provide for an adequate distribution of all such risks. The starting idea of this research is that such cases in the EU will often have different outcomes due to peculiar features of these legal systems that may play a decisive role, especially in cases involving AI. Mainly, these legal regimes largely attribute liability to human actors, emphasizing concepts such as negligence or intentional misconduct. On the other hand, although there are strict liabilities in place in all European jurisdictions, for the legal theory at present many AI systems do not fall under these regimes, and the victims are left with the sole option of pursuing their claims via fault liability