Abstract

As it is known, the purpose of determining liability is to justify the legislator's decision to impose the burden of compensation for damages suffered by an individual on someone else. In civil laws, theories of fault and harm are the basis for claiming compensation. However, in the field of artificial intelligence, and due to the fact that most artificial intelligence applications operate with a high degree of freedom and semi-total independence in their actions, we found that most traditional theories for determining liability are not applicable. Theories such as liability for things and mechanical devices, vicarious liability theory, and product liability theory were found inadequate. This led to the emergence of many theories and ideas, the most prominent of which was the one introduced by the European Union in 2017, known as the "Human Deputy" theory, to determine liability for damages caused by artificial intelligence technologies. The responsibility was distributed among the manufacturer, the owner, the programmer, and the operator. Ultimately, this theory raises some questions.

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The article was added to IASJ on 2024-12-31

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