The European Commission has proposed new rules that make it easier for individuals and companies to sue makers of drones, robots and other products equipped with artificial intelligence software to get compensation for harm caused by them.
The AI Liability DirectiveAI Liability Directive aims to address the increasing use of AI-enabled products and services and the patchwork of national rules across the 27- country European Union.
The victims can seek compensation for harm to their life, property, health and privacy due to the fault or omission of a provider, developer or user of AI technology, or for discrimination in a recruitment process using AI, according to the draft rules.
Justice Commissioner Didier Reynders said that they wanted the same level of protection for victims of damage caused by AI as for victims of old technologies.
The burden of proof on victims is lightened by the rule of presumption of causality which means victims only need to show that a manufacturer or user's failure to comply with certain requirements causes harm and then links this to AI technology in their lawsuit.
A court can order companies and suppliers to provide information about high-risk AI systems so that they can identify the liable person and the fault that caused the damage.
The Commission has also updated the Product Liability Directive, which means manufacturers will be liable for all unsafe products, tangible and intangible, including software and digital services, and also after the products are sold.
Users can sue for compensation when software updates render their smart home products unsafe or manufacturers fail to fix cybersecurity gaps. Those with unsafe non-EU products will be able to sue the EU representative for compensation.
Before it can become law, the AI Liability Directive will need to be agreed with EU countries and EU lawmakers.