Category Archives: Products liability

Deimantė Rimkutė, ‘Shaping Civil Liability in the Digital Age: AILD and the Revisited PLD’

ABSTRACT This article assesses two proposals for directives put forward by the European Commission: The Artificial Intelligence Liability Directive and the revised Product Liability Directive. The first part of the article introduces and compares the two proposals for directives. The subsequent part assesses the key elements of the Directives, including the scope of the application; […]

Emily Laidlaw, ‘The Diligent Online Platform’

ABSTRACT Platform regulation models are changing. For many years, intermediary liability laws were stuck in the binary of leave-up or takedown models. There has been a shift to what can be described as risk management, duty of care or due diligence models, such as the European Union’s Digital Services Act, the United Kingdom’s Online Safety […]

Goldberg and Trask, ‘No-Injury and Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers’

ABSTRACT Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ […]

Florence G’sell, ‘An Overview of the European Union Framework Governing Generative AI Models and Systems’

ABSTRACT This study is a work in progress examining the legal framework governing generative AI models in the European Union. First, it studies the rules already applicable to generative AI models (GDPR, Copyright Law, Civil Liability, Digital Services Act). Second, it examines the latest version of the AI Act as it was voted by the […]

Miriam Buiten, ‘Product liability for defective AI’

ABSTRACT This paper studies the efficient definition of product defects for AI systems with autonomous capabilities. It argues that defining defects in product liability law is central to distributing responsibility between producers and users. The paper proposes aligning the standard for defect with the relative control over and awareness of product risk possessed by the […]

Elias Van Gool, ‘Overview of German Product Liability Law’

ABSTRACT This is an unpublished excerpt from my doctoral dissertation, which has been entirely omitted in the final, published version due to reasons of scope. It might be of interest to comparative legal researchers and non-German-speaking lawyers, since it is more comprehensive and recent than other English texts on German product liability law sensu lato. […]

Beatriz Botero Arcila, ‘AI Liability in Europe: The Problem of the Human in the Loop’

ABSTRACT Who should compensate you if you get hit by a Tesla in ‘autopilot’ mode: the safety driver or the car manufacturer? What about if you find out you were unfairly discriminated against by an AI decision-making tool that was being supervised by an HR professional? Should the developer compensate you, the company that procured […]

Jan van Staalduinen, ‘The Doctor and the Missing Link – EU Product Liability for Clinical (AI) Decision Support Systems’

ABSTRACT Clinical decision support systems (CDSSs) are computer systems that are designed to support clinical decision making, usually about individual patients. An example of a CDSS is the AI system that is central to the DECIDE-VerA project, which assists GPs by analysing a patient’s risk of developing cardiovascular diseases. If a decision which involved the […]

Li and Schütte, ‘The proposal for a revised Product Liability Directive: The emperor’s new clothes?’

ABSTRACT On September 28, 2022, the European Commission presented the long-awaited proposal for a revised Product Liability Directive (PLD). By adapting rules and concepts to digitalization and circular economy, the revised PLD aims to ensure that the damage that defective products caused can be remedied adequately. This paper provides a comprehensive analysis of the substantive […]

Duffourc and Gerke, ‘Decoding US Tort Liability in Healthcare’s Black-Box Era: Lessons From the EU’

ABSTRACT The rapid development of sophisticated artificial intelligence (‘AI’) tools in healthcare presents new possibilities for improving medical treatment and general health. Currently, such AI tools can perform a wide range of health-related tasks, from specialized autonomous systems that diagnose diabetic retinopathy to general-use generative models like ChatGPT that answer users’ health-related questions. On the […]