Artificial Intelligence and Legal Liability: between Innovation and Regulation
Keywords:
artificial intelligence; legal liability; AI Act; technological autonomy; regulation; algorithmsAbstract
The accelerated development of artificial intelligence (AI) raises unprecedented legal challenges, regarding the attribution of liability for damages caused by autonomous systems. The article analyses the main types of liability associated with AI, the difficulties related to algorithmic opacity and the possible regulatory models adopted or proposed at European and international level. Mechanisms such as strict liability, shared liability and the new regulatory frameworks established by the AI Act are assessed. The main conclusion is that the law must adapt its classic instruments to respond to new technological risks, without hampering innovation.
References
Barfield, A. (2021). Liability for Autonomous Systems. AI & Law Review.
Calo, R. (2020). Artificial Intelligence Policy: A Primer”. Washington: University of Washington.
CEDO. (2021). Big Brother Watch and Others v. the United Kingdom.
Commission, C. E. (2024). Regulation laying down harmonised rules on Artificial Intelligence (AI Act).
Europeană, C. E. (2022). Proposal for a Directive on Liability for Defective Products.
Floridi, L., & Cowls, J. (2019). A Unified Framework of Five Principles for AI in Society. Harvard Data Science Review.
Hacker, P. (2021). A Layered Model for AI Responsibility. Journal of Law, Innovation & Technology.
Maris, I. (2022). Strict Liability Models for High-Risk AI Systems. European Journal of Law and Technology,.
Pasquale, F. (2015). The Black Box Society. Massachusetts: Harvard University Press.
Wachter, S. (2019). Bias in Machine Learning. Oxford: Oxford Internet Institute.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Loredana-Adelina PĂDURE (Author)

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
