ABSTRACT
Negligence, as a legal framework, will struggle to meet two ‘core objectives’: prompting frontier AI developers to internalise and mitigate the risks posed by their systems, and offering a robust avenue of redress for those harmed by them. This paper argues that a ‘Frontier AI’ Bill in the UK should implement a liability regime to supplant negligence law, giving stakeholders-such as courts, the public, and the developers themselves-greater clarity over where liability lies. To achieve this, the regime should adopt four mechanisms from product liability – duty to warn, consumer-expectation tests, developmental-risk defences, and supply-chain liability – as foundations for governing frontier AI developers.
Yadav, Gaurav and Reason, Robert and Simpson, Morgan, Product Liability as a Model for UK AI Security (April 14, 2025).
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