In cases of AI-related harm, what presumption can courts make according to the EU AI Liability Directive?

In cases of AI-related harm, the EU AI Liability Directive allows courts to presume that non-compliance with relevant laws caused the harm. This presumption is significant because it shifts the burden of proof onto the party responsible for the AI system. Essentially, if harm occurs and it is linked to the actions of the AI, the law creates an expectation that the involved party did not adhere to the necessary legal standards or regulations.

This approach is intended to protect individuals and society by making it easier for victims of AI-related harm to seek redress, emphasizing accountability and responsibility for AI developers and operators. It reflects a growing recognition of the potential risks associated with AI technologies and an effort to ensure that legal frameworks adapt to these advancements.

The framework provided by the directive sets a clear standard allowing courts to navigate cases effectively, making it imperative for those in the AI field to understand their compliance obligations thoroughly. This presumption also encourages proactive measures in terms of compliance and risk management within organizations deploying AI systems.