header-logo header-logo

Electronic persons: time for a new legal personality?

11 August 2017 / David Kidman , Stephen Turner
Issue: 7758 / Categories: Features , Insurance surgery , Technology
printer mail-detail
05_kidman

Product liability law has to get to grips with the emerging complexities of artificial intelligence, say David Kidman & Stephen Turner

  • Smart technology, with interconnected devices speaking to each other, makes it difficult to establish liability

In May 2017, the European Commission published the results of a public consultation on the fitness for purpose of the Product Liability Directive (enacted in the UK by the Consumer Protection Act 1987). Many questions set by the Commission related to the Directive’s application to smart objects, robots and new tech. Approximately two-thirds of respondents agreed that producers of software, apps and algorithms should potentially be held liable, but that there are difficulties allocating liability in respect of products interacting with other products or services (eg smartphone malfunction due to an app) and in respect of products operating on algorithms (eg cars with parking sensors), including self-learning algorithms (AI).

Crucially, 58.33% of respondents did not agree that there should be liability exemptions for innovative products under experimentation, indicating that consumers would resist

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll