Robots and Liability: New Criteria and Attribution Methods

Many robots nowadays are termed “intelligent”, equipped as they are with AI (Artificial Intelligence) algorithms and able to perform complex activities and even make autonomous decisions. This technological and social change must be accompanied by legal repercussions for robot use and consequences when harm is caused. The European Commission has urged governments to prepare European citizens for the transformation that AI will bring about to ethical and legal issues. The law must not only ensure that these products are safe, but should also provide guarantees for consumers. For this reason, appropriate rules must be established for the attribution of liability when harm is caused. The main goal is to prepare Europe for the transformation that AI entails, with new norms to ensure its reliability. This chapter aims to analyse the criteria and methods for attributing legal liability regarding the use of robots that are equipped with AI. Firstly, the current regulations on contractual, non-contractual and consumer civil liability are discussed, together with ways in which they could be applied in such cases and their potentialities and drawbacks. EU legislative proposals in this area are then analyzed and the risks and harm generated by AI systems are studied.