ADAPTING RULES ON TORT CIVIL LIABILITY TO ARTIFICIAL INTELLIGENCE
DOI:
https://doi.org/10.61837/mbuir030225089jKeywords:
artificial intelligence, civil liability, evidence disclosure, burden of proofAbstract
On September 28, 2022, the European Commission introducedaProposal for a Directive on adapting rules regarding tort civil liability to artificial intelligence, known as the Directive on Liability for Artificial Intelligence. However, considering the distinctive features of artificial intelligence (autonomy, lack of transparency, and complexity) that pose challenges to existing liability rules, coupled with the complexity of the burden of proof issue, the choice of suitable legal instruments is highly constrained. In the Directive on Liability for Artificial Intelligence, the focus narrows down to "evidence disclosure" and "rebuttable presumptions", strategically and proportionally reducing the burden of proof. This paper specifically examines the provisions of the Directive on Liability for Artificial Intelligence, with a closer look at the provisions related to evidence disclosure, provisions on the rebuttable presumption of failure to exercise due care, and provisions on the rebuttable presumption of causation in cases of negligence.
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