Skyll inte på mig, det var AI - Hur skador orsakade av AI-system försvårar bedömningen av utomobligatoriskt skadeståndsansvar enligt skadeståndslagen

Sammanfattning

Artificial Intelligence (AI) has rapidly developed into an integral part of society and is often described as the second industrial revolution. While AI systems generate efficiencies and new opportunities, fundamental legal questions arise when such systems cause harm. Particularly challenging are situations in which damage results from autonomous and unexplainable processes, referred to as black box. This thesis examines whether the Swedish Tort Liability Act is sufficient to address non-contractual damages caused by AI systems. The analysis focuses on how the tort law requirements of culpa, proximate cause, and the burden of proof are affected by the technical characteristics of AI systems. Furthermore, the thesis explores whether the introduction of strict liability or a reversed burden of proof could be viable solutions to the challenges associated with AI-related harm. The analysis demonstrates that the liability framework of the Tort Liability Act is designed to assess human conduct and is therefore difficult to reconcile with AI systems that lack human control and transparency. The autonomy and opacity of AI systems complicate the assessment of negligence and causation, creating significant obstacles for injured parties seeking compensation. The thesis determines that, in its current form, the Tort Liability Act is not fully equipped to address these challenges. Against this background, the European Commission’s proposed AI Liability Directive, which contains rules on civil liability for AI systems, is discussed. The conclusion is that strict liability risks producing disproportionate consequences for innovation and legal certainty, whereas a reversal of the burden of proof appears to be a more appropriate and balanced solution. Overall, the thesis demonstrates a need to adapt tort law to the specific characteristics of AI technology in order to ensure effective protection for injured parties with-out hindering technological development.