Managing Changing Product Liability Obligations Emerging from New Proposed EU Directive

We are amidst a digital transformation with the potential to disrupt our societies to an extent that overshadows that of the industrial revolution. Increasingly autonomous systems enabled by artificial intelligence form complex sociotechnical systems from which new risks emerge that individuals, corporations and society need to manage. While risks emerging from the deployment and operation of such systems have received a lot of attention, another challenge is that it is unclear how liability obligations for harm arising from accidents with such systems will be allocated under current laws, and furthermore how ongoing changes to the legal system could impact this. Of particular interest currently is a proposal for a new product liability directive (PLD) in the EU, that significantly changes the liability of manufacturers of complex products. To avoid being caught by surprise by these uncertainties, stemming from disruptive technologies paired with a lagging legal system attempting to catch up with ongoing product developments, this article suggests that industry takes concrete steps to prepare for this new and uncertain reality. Thus, recommendations are provided for documentation methods used in development and operation of such systems, that can help manufacturers and suppliers controlling the new emerging risks arising and managing the associated liability risks.