المسؤولية الموضوعية للأضرار الناتجة عن تطبيقات الذكاء الإصطناعي

Abstract

This study addresses a subject of paramount importance: "Strict Liability for Damages Resulting from Artificial Intelligence Applications." The study aims to examine the compatibility of liability rules, as established under general legal principles, with the damages arising from AI applications. It further seeks to clarify the nature, pillars, and scope of strict liability, emphasizing the significance of prioritizing the element of damage over fault. In doing so, the study highlights the practical necessity of introducing this concept to protect injured parties and identify the perpetrators of the harmful act—be they producers, developers, programmers, or users—through a descriptive-analytical methodology.

The study is divided into two sections. The first section discusses the extent to which liability arising from AI applications can be regarded as stemming from a harmful act. The second section examines strict liability as a modern approach to liability for harmful acts. One of the key findings is the emerging trend of distributing liability among various parties (developers, operators, data providers, and manufacturers) to address the challenge of determining the responsible party in light of the autonomous nature of AI systems.

The study also recommends establishing specialized regulatory bodies to allocate liability among the involved parties and to provide comprehensive compensation mechanisms for affected individuals, akin to the systems adopted in insurance funds