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Mind the compensation gap: towards a new European regime addressing civil liability in the age of AI
International Journal of Law and Information Technology Pub Date : 2022-09-10 , DOI: 10.1093/ijlit/eaac013
Sadie Whittam 1
Affiliation  

As artificial intelligence (‘AI’) becomes pervasive, it is inevitable that there will be a corresponding increase in AI disputes. However, it is often no easy task to determine liability in AI-related disputes due to the unique features of many AI systems, including their complexity, opacity, and the ability of some AI systems to self-adapt. This paper considers the existing EU liability framework and concludes that, at present, it is not adequate to ensure that injured parties can be compensated for damage caused by AI. The argument presented is that Product Liability Directive 85/374/EEC should be amended to provide greater protection for claimants that suffer harm caused by AI, and proposals for revision are suggested. In addition, this paper argues that there are cogent reasons to design sector specific legislation and identify ex ante which party should be held strictly liable for certain classes of AI.

中文翻译:

注意赔偿差距:迈向解决人工智能时代民事责任的新欧洲制度

随着人工智能(“AI”)的普及,不可避免地会出现人工智能纠纷的相应增加。然而,由于许多人工智能系统的独特性,包括它们的复杂性、不透明性以及一些人工智能系统的自适应能力,在人工智能相关争议中确定责任往往并非易事。本文考虑了现有的欧盟责任框架,并得出结论认为,目前不足以确保受害方能够对人工智能造成的损害进行赔偿。提出的论点是,产品责任指令 85/374/EEC 应进行修订,以便为遭受人工智能损害的索赔人提供更大的保护,并提出了修订建议。此外,
更新日期:2022-09-10
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