Key points are not available for this paper at this time.
Under the legislation, when artificial intelligence (AI) systems cause harm to third parties, the restoration of violated rights is carried out according to the rules of strict or culpable liability. Strict liability is applied if the AI system is recognized as a source of increased danger or has a defect. For all other cases, culpable civil liability is used. The authors have developed a new approach to non-contractual civil liability for cases of harm caused by AI systems based on the criterion of the risk level of AI systems. According to this approach, for AI systems that create unacceptable or high risk in relation to human rights and freedoms, it is proposed to apply strict liability to their developer, and for AI systems belonging to the low-risk classification group, the rules of culpable liability to restore violated rights and compensate for the harm caused should be applied. With regard to the basic models, the use of culpable liability is envisaged, except situations where AI products with unacceptable or high risk are created on their basis. The proposed approach can become an alternative to using the concept of a source of increased danger in relation to AI systems and will allow transferring strict responsibility from owners of high-risk AI systems to their developers, who have a greater impact on the safety and reliability of AI systems.
Izhaev et al. (Sat,) studied this question.