argument: Notizie/News - Civil Law
Source: JD Supra
This article on JD Supra provides a detailed overview of the primary liability considerations that developers of artificial intelligence systems must face. As AI becomes more integrated into critical sectors like healthcare, finance, and autonomous vehicles, the potential for these systems to cause harm increases, bringing the question of legal responsibility to the forefront. The piece outlines the key legal frameworks through which developers could be held liable, including tort law (such as negligence and product liability) and contract law.
Under a negligence framework, a developer could be found liable if they failed to exercise reasonable care in the design, development, or testing of their AI, leading to foreseeable harm. In product liability, the focus shifts to whether the AI system itself is defective—either in its design, its manufacturing (or data training), or in the warnings and instructions provided to users. The article also discusses the importance of contractual agreements, where developers can define the scope of their responsibilities and allocate risk through warranties, indemnification clauses, and limitations of liability. To mitigate these risks, developers are advised to maintain rigorous testing protocols, keep transparent documentation of their development process, be clear about their AI's capabilities and limitations, and stay informed about the evolving legal and regulatory landscape.