Determination of Tort Liability in the Deployment of Artificial Intelligence Technology

Abstract

Technology inventions have been able to impact positively on our society in a number of ways. Irrespective of the positive impacts recorded there are attendant challenges often created by these technologies inclusive of questioning established traditional laws. National legislatures have tried to live up to their responsibilities of amending existing laws or enacting new ones where necessary to address such challenges. Artificial intelligence (AI) brings about special challenges to the extant law on liability, contractual and non-contractual, due the special feature of ability to learn from data from its environment and act autonomously even outside the pre-existing algorithms created by its maker. The opacity, autonomy and self-learning abilities complicate the challenges created by AI particularly to the law. This paper takes a critical look at the regimes of regulation of Artificial Intelligence under the European Union and the United States of America, which are the frontline occupiers in responding to technology developments through laws, regulations and policies. This is in a bid to establishing reasonable bases of apportioning blames in torts committed by AI driven devices. The paper suggests, as a general rule, strict liability for torts committed by AI devices to compensate the wronged parties as such devices cannot assume legal personhood to be liable under the traditional tort law.

Keywords: Tort, Artificial Intelligence, Liability, European Union, United States of America

DOI: 10.7176/JLPG/141-04

Publication date: April 30^th 2024