Artificial Intelligence and Liability for Damages
Fikret Ertan
TLDR
The article provides a comparative analysis of recent case law from China, Switzerland, Ireland, France, Germany, the Czech Republic, and the European Union, highlighting diverse judicial responses to AI-generated harms, including copyright infringement, product liability, and algorithmic decision-making.
Abstract
This study explores the evolving legal frameworks surrounding artificial intelligence (AI) liability at both international and national levels. As AI technologies increasingly operate with autonomy and unpredictability, traditional legal doctrines—such as fault-based liability and strict liability—face growing challenges. The article provides a comparative analysis of recent case law from China, Switzerland, Ireland, France, Germany, the Czech Republic, and the European Union, highlighting diverse judicial responses to AI-generated harms, including copyright infringement, product liability, and algorithmic decision-making. In particular, it examines landmark developments such as the EU Artificial Intelligence Act (Regulation 2024/1689) and the Council of Europe’s 2024 Framework Convention on AI and Human Rights. The study emphasizes the necessity of strengthening judicial oversight and national legislation in areas like criminal accountability, administrative transparency, and compensation mechanisms. Ultimately, the article offers a normative framework for establishing a more responsible, rights-based AI governance system. Keywords: Artificial Intelligence, Legal Liability, AI Act, Copyright, Product Liability, Algorithmic Accountability, Human Rights, EU Law, International Regulation, Judicial Oversight
