مسؤولية الشركات المنتجة عن اخطاء الذكاء الاصطناعي
Artificial intelligence technology has become an integral part of daily life, whether at the individual level or within various institutions. Its use has become widespread across multiple fields, including healthcare, education, and personal services such as shopping and autonomous vehicle driving. Despite the immense benefits offered by artificial intelligence technologies, they are accompanied by unprecedented legal risks and challenges. One of the most pressing issues is the question of liability—who shall be held responsible if this technology causes harm to users or third parties? Given the complexity of artificial intelligence, we are now confronted with systems capable of making independent decisions, raising concerns about the adequacy of civil liability rules—whether contractual or tort-based—in addressing these emerging issues and ensuring fair compensation for affected parties.
This study, therefore, seeks to examine these legal challenges and provide answers to fundamental questions, including: What is artificial intelligence technology? What is its legal classification? Who shall bear responsibility if artificial intelligence causes harm to an individual?
In light of our research, we have reached several key conclusions. First, due to the relatively recent and rapid expansion of artificial intelligence, there is no universally agreed-upon definition of the technology, whether from a technical or legal perspective. This is understandable, given the diverse purposes for which artificial intelligence has been developed, leading different entities to define it in a manner aligned with their objectives and interests.
Second, although some proponents advocate for granting artificial intelligence legal personality, such an approach lacks a practical justification. Instead, classifying artificial intelligence as a product proves to be the most appropriate characterization for applying civil liability rules.
Third, within the framework of contractual liability, the principle of warranty against latent defects serves to address liability for damages affecting the product itself. Such defects may prevent the buyer from benefiting from the purchased item, thereby causing harm in the form of price depreciation or loss of intended use. However, under this doctrine, the buyer is typically limited to seeking either contract rescission or price reduction. Similarly, in cases of tort liability, proving the fault of the producing company is a significant challenge—particularly when artificial intelligence systems operate autonomously—rendering traditional liability rules insufficient to fully protect users and compensate them for damages in certain scenarios.
Finally, we conclude that strict liability rules, particularly those governing product liability, offer the most suitable approach for addressing harm resulting from artificial intelligence technologies. These rules alleviate the burden on the injured party by removing the need to prove the producing company’s fault while ensuring fair compensation for victims in many cases.
