Civil liability for artificial intelligence products versus the sustainable development of CEECs: which institutions matter?

Małgorzata Godlewska,Przemysław Banasik,Sylwia Morawska

doi:10.14746/rpeis.2020.82.2.13

Małgorzata Godlewska, Przemysław Banasik + Show 1 more

Open Access

https://doi.org/10.14746/rpeis.2020.82.2.13

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Abstract

The aim of this paper is to conduct a meta-analysis of the EU and CEECs civil liability institutions in order to find out if they are ready for the Artificial Intelligence (AI) race. Particular focus is placed on ascertaining whether civil liability institutions such as the Product Liability Directive (EU) or civil codes (CEECs) will protect consumers and entrepreneurs, as well as ensure undistorted competition. In line with the aforementioned, the authors investigate whether the civil liability institutions of the EU and CEECs are based on regulations that can be adapted to the new generation of robots that will be equipped with learning abilities and have a certain degree of unpredictability in their behaviour. The conclusion presented in the paper was drawn on the basis of a review of the current literature and research on national and European regulations. The primary contribution that this article makes is to advance the current of the research concerning the concepts of AI liability for damage and personal injury. A second contribution is to show that the current civil liability institutions of the EU as well as the CEECs are not sufficiently prepared to address the legal issues that will start to arise when self-driving vehicles or autonomous drones begin operating in fully autonomous modes and possibly cause property damage or personal injury.

Highlights

Over the decade, Artificial Intelligence (AI) may significantly transform our lives, from using virtual personal assistants to travelling in selfdriving vehicles.[1]
Liability regime for damage and personal injury caused by AI, such as self-driving vehicle – possible concepts based on the Central and Eastern European Countries (CEECs)’ civil liability institutions
This study examined the possible concepts of AI liability, such as product, thing, wild animal, means of transport, company, agent or legal entity

Summary

INTRODUCTION

Artificial Intelligence (AI) may significantly transform our lives, from using virtual personal assistants to travelling in selfdriving vehicles.[1]. In the EU, only strict liability of producers for defective products is harmonized at the EU level, while all other liability regimes are regulated by the Member States like the CEECs themselves.[16] in the literature on the subject, there is a high-stakes debate about the legal status of AI, about who should bear the liability for AI damages, and which liability rules will lead to welfare optimization.[17]. A second contribution is to show that current civil liability institutions of the EU as well as CEECs are not sufficiently prepared for addressing the legal issues that will start to arise when self-driving vehicles or autonomous drones begin operating in fully autonomous modes and possibly cause property damage or personal injuries

THE EU CIVIL LIABILITY INSTITUTIONS

THE CIVIL LIABILITY INSTITUTIONS OF THE CEECs

CONCLUSIONS

Summary