AI: Avoiding And Managing Disputes – Claims In Negligence

A supplier of AI, or a business using it to supply a service, may still owe a duty of care to the third parties they deal with, even if there is no formal contract in place. If a duty applies, the supplier will be required to exercise reasonable care.

Where the law already recognises a duty of care arising, for example, in the case of lawyers advising their clients, or doctors providing medical advice to patients, the use of AI by the service provider is unlikely to change that – the duty of care should still arise in the same way.

If a scenario arises where there is no (or no clear) recognised duty, the position is more uncertain. The court will need to consider the facts and apply the relevant criteria established under the law of negligence to determine whether a duty of care exists. This includes the nature, or proximity, of the parties' relationship, whether the damage that has occurred was foreseeable, and whether it is fair, just and reasonable to impose a