Individuals and companies that have suffered similar injuries as drones, robots, and other artificial intelligence software will be able to sue for compensation under EU regulations seen by Reuters.
The AI Liability Directive, which the European Commission will announce on Wednesday, aims to address the growing proliferation of AI-enabled goods and services, as well as the patchwork of national regulations across the 27-country European Union.
According to draft guidelines, victims may file lawsuits for compensation for damage to their life, property, health, and privacy as a result of the failure or omission of a provider, developer, or user of AI technology or being discriminated in a recruitment process using AI.
The guidelines aim to ease the proof burden on victims by introducing a "presumption of causality," which means victims must only demonstrate that a manufacturer or user''s failure to comply with certain requirements caused the harm and then link this to the AI technology in their lawsuit.
Victims may petition a court to provide information about high-risk AI systems so they may identify the liable person and discover what went wrong under a "right of access to evidence."
On Wednesday, the EU executive will also update the Product Liability Directive, which lays out the scope of manufacturers'' liability for defective goods, from smart technology to machinery and to pharmaceuticals.
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The modifications are designed to allow users to sue for compensation if software upgrades render their smart-home products unsafe or when manufacturers fail to address cybersecurity concerns.
Users with hazardous non-EU products will be able to sue the manufacturer''s EU representative for compensation.
Before it can become law, EU countries and EU legislators will get approval for the AI liability directive.
2022, Thomson Reuters