header-logo header-logo

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

Electronic persons: time for a new legal personality?

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,

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll