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New product liability in the Age of AI: Modernisation under a Conservative Veil

Author

Listed:
  • Godefroy de Boiscuillé

    (Université Côte d'Azur, CNRS, GREDEG, France)

Abstract

This article examines the reform of the European Product Liability Directive in the age of AI. The reform succeeds in bringing AI within the reach of product liability law. However, the proposed regime remains only partially adapted to the evidentiary and economic realities of the digital age. The modernisation effort is significant but ultimately incomplete. What emerges is not a new liability regime but an updated version of an old one, broader in scope yet still limited in its ability to ensure effective compensation for victims. The reform thus reflects a form of conservative modernisation: innovative, but restrained in spirit. It extends the reach of product liability to the digital environment while preserving the traditional architecture of the regime. By examining this ambivalence, the article aims to show both the strength and the fragility of the new framework.

Suggested Citation

  • Godefroy de Boiscuillé, 2026. "New product liability in the Age of AI: Modernisation under a Conservative Veil," GREDEG Working Papers 2026-12, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France.
    • Handle: RePEc:gre:wpaper:2026-12
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    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law
    • O33 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Technological Change: Choices and Consequences; Diffusion Processes

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