Civil Liability for Damages Caused by Artificial Intelligence Systems: A Comparative Study

Abstract

This study addresses the issue of civil liability for damages caused by artificial intelligence systems, which is one of the most pressing legal challenges in light of the rapid proliferation of smart technologies and the increasing reliance of individuals and institutions on them across various fields.The study begins by questioning the adequacy of civil liability rules-both contractual and tortious-in addressing the material, moral, economic, and social damages caused by systems characterized by complexity, self-learning, and multiple actors in their technical chain, which complicates the issues of fault allocation and establishing causation.The study adopts a comparative approach to analyze liability models adopted in selected legal systems from Europe, the Americas, and some Arab countries, focusing on faultbased normative models, strict liability models, and conciliatory approaches that balance litigation with technical expertise.In this context, it examines the liability of the manufacturer, developer, operator, and service provider, as well as the mechanisms for sharing liability among them.The study also addresses the types of harm associated with artificial intelligence systems, the standards of verification and assessment (reasonable care, causation, technical liability), and the role of mediation, arbitration, and specialized insurance contracts in alleviating the burden of proof and providing effective compensation to victims, The study concludes by highlighting the need for a flexible and comprehensive legislative framework that draws on comparative experiences and balances the protection of victims with the promotion of innovation, through a reconsideration of the foundations of liability and rules of evidence, and the establishment of standards for transparency, safety, and governance of AI systems.

Ähnliche Arbeiten