Source: Private Law Theory

Private Law Theory presents a critical analysis by legal scholars Luik and Kinkar regarding the future of non-contractual liability in the age of artificial intelligence, with a specific focus on autonomous vehicles (AVs). The article examines whether the traditional tort system, reliant on proving human fault, is becoming obsolete in the face of fully automated systems where human intervention is minimal or non-existent. The authors argue that the current regulatory framework, including the Product Liability Directive, may be insufficient to address the unique risks of AI, such as software failures and opacity, leading to potential legal gaps and unpredictability for victims.

The discussion highlights the debate surrounding the European Commission's proposed AI Liability Directive and the potential shift towards a strict liability regime for high-risk AI systems. The authors suggest that a "no-fault" compensation scheme, supported by adapted mandatory insurance frameworks, could replace traditional litigation for AV accidents. This approach aims to ensure efficient compensation for victims without stifling technological innovation, advocating for a harmonized European standard to prevent regulatory fragmentation across Member States.