Artificial Intelligence And Non-Contractual Civil Liability: What Happens If The AI Causes Damage?

In non-contractual civil liability for damages caused by Artificial Intelligence (AI) systems, the main issue to be resolved is to determine who should be liable for the damage caused by the AI system. In general, product and service liability require the principle of fault, i.e., the existence of negligence in the breach of a legal or contractual duty, the existence of certain or foreseeable damage in the case of loss of profit, and a causal link between the act or omission and the damage produced.

However, cases related to AI are usually a bit different from the rest. One of the main aspects of AI systems is their opacity for many of their outputs. In many cases we do not know how the system has reached a certain conclusion. For this reason, the classic rules of imputation of non-contractual civil liability discussed above do not work for all AI cases or would make it very difficult for the victims to obtain compensation. As if the above were not enough, there are