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Robo-liability: The European Union in search of the best way to deal with liability for damage caused by artificial intelligence

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Robotics is no longer a theme reserved for science fiction movies and technological research institutes. Although most of us do not yet possess a human-looking machine that takes care of… Click to show full abstract

Robotics is no longer a theme reserved for science fiction movies and technological research institutes. Although most of us do not yet possess a human-looking machine that takes care of our household, robots already play an important part in our daily lives, as search robots, virtual assistants such as Siri or Alexa, programmes that suggest products or services based on our previous purchases or searches etc. It is difficult to define exactly what a robot is. The concept may refer to machines that carry out identical and repetitive actions. These types of robots have been widely used since the industrial revolution and our current law is fit for dealing with them. More problematic, however, are the robots that possess artificial intelligence (AI), enabling them to ‘learn’ from the information they are programmed with and the actions they perform, and to use this ‘knowledge’ to make decisions in subsequent cases. It is these types of robots that challenge the present legal framework, inter alia in the field of liability law. Search engines and virtual shopping assistants may cause economic damage to certain traders, by steering potential customers to their competitors; they may affect consumers whenever their suggestions are not accurate or do not meet their needs or preferences. However, the risks and damage caused by self-driving cars or healthcare AI applications may be significantly larger. Moreover, the self-learning capacity of AI-driven robots makes it difficult for the developer/ producer to predict the actions the robot may undertake in the future. In addition, once the robot is sold to a third party, the developer will typically no longer have control over the use of the robot and/or the circumstances from which the robot will learn.

Keywords: search; liability; damage caused; damage; artificial intelligence

Journal Title: Maastricht Journal of European and Comparative Law
Year Published: 2018

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