Template-Type: ReDIF-Paper 1.0
Title: The Law and Economics of AI Liability
Author-Name: Miriam Buiten
Author-Name: Alexandre de Streel
Author-Name: Martin Peitz
Author-Email: martin.peitz@gmail.com
Classification-JEL: K13, O33
Keywords: Artificial Intelligence, EU law

Abstract: When AI systems possess the characteristics of autonomy and unpredictability, 
they present challenges for the existing liability framework. (Semi)-autonomous 
AI systems shift control over these systems away from users and towards producers, 
while errors of AI systems may be difficult to foresee. Policymakers are faced with the 
questions when existing civil liability rules do not adequately cover risks arising 
in the context of AI systems, and how they then should be adapted. This paper addresses 
these two questions for EU non-contractual liability rules. It considers how liability 
rules affect the incentives of producers, users, and bystanders that may be harmed by AI. 
The paper provides concrete recommendations for updating the EU Product Liability Directive 
and for an EU liability framework for owners and users of AI. 

Note: 
Length: 29
Creation-Date: 2022-11
Revision-Date: 
File-URL: https://www.crctr224.de/research/discussion-papers/archive/dp371
File-Format: application/pdf
Handle: RePEc:bon:boncrc:CRCTR224_2022_371