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Product liability for defective AI

Author

Listed:
  • Miriam C. Buiten

    (University of St. Gallen, Law School
    CERRE)

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.

Suggested Citation

  • Miriam C. Buiten, 2024. "Product liability for defective AI," European Journal of Law and Economics, Springer, vol. 57(1), pages 239-273, April.
    • Handle: RePEc:kap:ejlwec:v:57:y:2024:i:1:d:10.1007_s10657-024-09794-z
    DOI: 10.1007/s10657-024-09794-z
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    References listed on IDEAS

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    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    Liability rules; Artificial intelligence; EU product liability;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics

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