EU proposes new approach to liability for artificial intelligence systems

The European Commission has published (28 September 2022) proposals for adapting civil litigation rules in European Union Member States – and in the European Economic Area – to reduce perceived difficulties in claiming non-contractual damages for harm caused by artificial intelligence (AI). The proposal sits alongside wider reforms to the product liability regime. Both are closely intertwined with the EU's proposed AI Act. The AI liability reforms are aimed at making it less burdensome for claimants to secure compensation, with the intention of promoting trust in this increasingly pervasive technology. Claimants in civil law systems (typically without common law-style disclosure obligations) often have much less information than the defendant about the events that they believe have caused harm to them.