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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll