AI systems and product liability

Abstract

The article examines whether the current product liability law provides an appropriate regulation for AI systems. This question, which is discussed at the example of the European Product Liability Directive, is of great practical importance in the current legal policy discussion on liability for AI systems. This article demonstrates that in principle the liability requirements are also applicable to AI systems. If the conduct of an AI system is carefully distinguished from its properties, excessive liability can be avoided. To reverse the burden of proof in favour of the injured party in the case of faulty behaviour enables a liability regime that is fair to the interests at stake. However, product liability law only applies if AI systems lead directly to personal injury or damage to property. Product liability law is not applicable insofar as AI systems indirectly lead to considerable disadvantages for the person concerned, in particular through assessments of persons. Protection against discrimination or otherwise unfair assessments by AI systems shall be effected by other legal instruments.