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Challenges posed by autonomous systems to liability regimes: finding a balance

In: Handbook on the Politics and Governance of Big Data and Artificial Intelligence

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  • Nynke E. Vellinga

Abstract

The development of autonomous systems has given rise to questions on civil liability for damage caused by such systems. Taking the tort law function of compensation and prevention as a starting point, several approaches to liability for damage caused by autonomous systems are explored in this Chapter. As is discussed, assigning legal personhood to an autonomous system and a fault liability regime both have their shortcomings from the perspective of compensation. A strict liability regime could provide for compensation of damage suffered and could provide for an incentive to prevent damage. Defences, such as the development risk defence, have the potential to dampen the chilling effect of tort law on innovation. In addition, compensation funds and the role of insurance should be carefully considered in light of the development of autonomous systems.

Suggested Citation

  • Nynke E. Vellinga, 2023. "Challenges posed by autonomous systems to liability regimes: finding a balance," Chapters, in: Andrej Zwitter & Oskar J. Gstrein (ed.), Handbook on the Politics and Governance of Big Data and Artificial Intelligence, chapter 15, pages 456-475, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20760_15
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