Artificial Intelligence and the Emerging Challenges of Liability

ABSTRACT The article analyses the civil and administrative liabilities associated with the use of artificial intelligence, highlighting the human-centred, risk-based approach that characterises European and national legal systems. It examines the main areas of liability and the evidentiary challenges relating to fault and causation. European regulatory initiatives, including the AI Act and product liability legislation, are also discussed, emphasising the need for systemic measures capable of ensuring effective protection without hindering innovation. The article further addresses the critical issues surrounding the potential attribution of legal personality to autonomous AI systems. Particular attention is paid to the civil liability of public administrations and to the administrative and accounting liability of public officials arising from the use of AI systems.

KEYWORDS Artificial Intelligence - Civil liability - Public Administration liability - Administrative-accounting liability

TABLE OF CONTENTS 1. The Manifold Areas of Liability Arising from the Deployment of Artificial Intelligence Systems. – 2. Theoretical Challenges in Defining a Legal Framework for AI-Related Liability and the Debate on Granting Legal Personality to AI Systems. – 3. Insights Towards a Potential Civil Liability Regime for Risks Associated with AI Systems. – 4. Artificial Intelligence and Public Administration Liability. – 5. The Difficulty of Establishing Administrative Liability of Public Officials in the Field of AI. – 6. The Subjective Element of Administrative and Accounting Liability: The High Threshold of Gross Negligence. – 7. The Need for Technical Expertise and Potential Liability for Failure to Use AI.