Under the EU AI Liability Directive, what is necessary to establish fault liability?

To establish fault liability under the EU AI Liability Directive, it is necessary to demonstrate proof of intentional wrongdoing or negligence by the product maker. This requirement aligns with the fundamental principles of liability law, which emphasizes the need for a breach of duty or failure to meet a standard of care that leads to harm.

In cases involving AI systems, the product maker must be accountable for their actions or omissions, which includes designing, deploying, and managing those systems responsibly. This entails ensuring that the AI systems function as intended without posing undue risks to individuals or the environment. Hence, proving negligence or intentional wrongdoing becomes imperative for holding the product maker liable.

The options that suggest random checking of AI systems, lack of government oversight, or non-compliance in marketing do not address the core requirement of establishing whether the product maker acted negligently or with intent. While these factors can influence the overall regulatory environment and market practices, they do not serve as the basis for fault liability under the Directive, which directly focuses on the actions of the product maker in relation to their duty of care.