Borges, Georg
Abstract: The article examines whether the current product liability law provides an appropriate regulation for AI systems. This ques-tion, which is discussed at the example of the European Product Liability Directive as an example, is of great practical im-portance in the current legal policy discussion on liability for AI systems.
The article demonstrates that the liability requirements are in principle also applicable to AI systems. If the conduct of an AI system is carefully distinguished from its characteristics, liabil-ity can be avoided that goes too far. A reversal of the burden of proof in favour of the injured party in the case of faulty behav-iour enables a liability regime that is fair to the interests at stake.
However, product liability law only applies if AI systems lead directly to personal injury or damage to property. Insofar as AI systems indirectly lead to considerable disadvantages for the person concerned, in particular through assessments of persons, product liability law is not applicable. Protection against dis-crimination or otherwise unfair assessments by AI systems shall be effected by other legal instruments.