Tort Liability and Artificial Intelligence

Artificial intelligence (AI) is becoming increasingly important in our daily lives and so is academic research on its impact on various legal domains. One of the fields that has attracted much attention is extra-contractual or tort liability, as AI will inevitably cause damage. Reference can also be made to accidents involving autonomous vehicles. In this chapter, we will discuss some major and general challenges that arise in this context. We will thereby illustrate the remaining importance of national law to tackle these challenges and focus on procedural elements, including disclosure requirements and rebuttable presumptions. We will also illustrate how existing tort law concepts are being challenged by AI characteristics and provide an overview of regulatory answers.