Legal perspectives in the age of Artificial Intelligence civil liability and technological evolution

Abstract

The article explores the concept and regulatory challenges associated with artificial intelligence (AI), highlighting its relevance in contemporary society. Additionally, it analyzes the implications of AI on the economy and the labor market, with particular emphasis on its impact on routine occupations. By examining regulation in the European Union, the text also addresses the ethical and geopolitical challenges that accompany the advancement of this technology. The normative evolution in the European Union, notably concerning civil liability, is discussed in detail. The Proposal for the Liability Directive is presented as an attempt to balance the protection of victims with support for companies developing AI technologies. The article delves into the discussion of civil liability in the era of AI, proposing an approach grounded in the theory of strict liability for risk. It is evident that the rise of artificial intelligence is examined as a challenge to traditional legal frameworks, demonstrating the pressing need for new normative criteria. Additionally, the proposal of a regime of strict liability, combined with mandatory insurance coverage, is presented as a flexible approach to compensate victims of damages caused by AI systems. Given the complexities and uncertainties surrounding the evolution of artificial intelligence, the article argues for the imperative revision of existing norms and the creation of legal frameworks better suited to this constantly changing reality.