Re-Examining the Contours of Liability in the Presence of Artificial Intelligence

ABSTRACT

The notion of liability in law has been evolving over decades to meet the challenges presented by the everchanging society. Liability law enables the administration of justice systems to determine the legal consequences of harms or injuries that have been caused by a person or an entity. However, at present the evolution of innovations in technology prompts us to re-examine the existing liability framework. The advancement made in automation technologies has taken our society to the point where we can no longer be ignorant of the challenges that artificial intelligent (AI) systems present;specifically, when AI functions with minimal, to no human intervention. We have machines today operating in society that possess the ability toventure into intellectual activities such as analyzing, evaluating, interpreting, reasoning, and decision making, that originally were considered attributes exclusive to the human species. As AI is precipitously developed and deployed with the intention to perform a multitude of tasks that enhance productivity, it is anticipation that AI in the years to come will surpass human performance in operations assigned to them. AIconfers numerous benefits upon the human community, such as enhancing communication, data analysis, health care, and the likes,this same technology has the potential to affect individual and collective rights that are safeguarded by most civilized nations. If we intend to continue protecting the rights of human beings, it becomes relevant as far as possible to mitigate predictable injuries, risks and vulnerabilities that are inherent in the nature of AI, and the same has to be monitored throughout its lifespan. AI technology requires a reliable legal foundation specifically in terms of liability, particularly when such incidents are caused that were not meant to transpire. This paper will attempt to examine and enquire into the liability issues concerning AIS, and also consider whether the existing fundamental principles of civil and criminal liability can be extended to govern the infractions caused by AI. Finally, this paper will also seek to provide an understanding as to whom to hold liable when harm or injury is caused by AIS.

FULL TEXT