Source: Scuola Superiore Sant'Anna

This analysis from the Sant'Anna School of Advanced Studies discusses the critical regulatory juncture faced by the European Union concerning civil liability for damages caused by artificial intelligence systems. The article explores the fundamental challenge for legislators: whether to adapt existing, well-established civil liability principles or to create an entirely new, bespoke legal regime specifically for AI. This decision will have profound consequences for innovation, consumer protection, and legal certainty across the Union.

The core of the problem lies in the inherent characteristics of some AI systems, such as their autonomy and opacity (the "black box" effect), which make it incredibly difficult for victims to prove fault and causation under traditional legal standards. The article highlights the EU's legislative efforts to address this, particularly the proposed AI Liability Directive. This directive aims to introduce measures such as a rebuttable presumption of causality and a right of access to evidence for victims of harm caused by high-risk AI systems, thereby rebalancing the scales and making it easier for those affected to seek and obtain just compensation.