What complicates the application of product liability laws to AI?

Product liability laws are primarily designed to address defects and risks associated with physical products, and they have traditionally not accounted for the unique characteristics and complexities of AI technologies. Because AI systems often operate based on algorithms, data inputs, and machine learning processes that evolve over time, many existing legal frameworks are not equipped to handle these complexities. The legal principles surrounding liability, such as negligence or strict liability, may not adequately apply to situations where the AI's decision-making process is opaque or where it behaves unexpectedly due to factors outside of human control.

The normative framework for product liability was established before the advent of sophisticated AI systems, leading to gaps that make it difficult to determine liability in cases involving AI. This misalignment can result in challenges for manufacturers, developers, and users of AI when it comes to understanding their responsibilities and potential legal repercussions, complicating the application of established product liability laws.