The development risks defence in the digital age

One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did...

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Detalles Bibliográficos
Autor: Izquierdo Grau, Guillem|||0000-0002-8755-4596
Tipo de recurso: artículo
Fecha de publicación:2024
País:España
Institución:Universitat Autònoma de Barcelona
Repositorio:Dipòsit Digital de Documents de la UAB
Idioma:inglés
OAI Identifier:oai:ddd.uab.cat:300137
Acceso en línea:https://ddd.uab.cat/record/300137
https://dx.doi.org/urn:doi:10.1017/err.2024.43
Access Level:acceso abierto
Palabra clave:Artificial intelligence
Development risk
Tort law
Vulnerabilities
AI
Manufacturer liability
Cyber resilience
Cybersecurity
Producer liability
Descripción
Sumario:One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did not allow the existence of the defect to be discovered. The Proposal for a Directive drafted by the European Commission and published on 28 September 2022 continues to provide, in Article 10.1.e), the defence for development risks. The Proposal for a Directive refers to this particular issue in Recital 39, which introduces some requirements for the assessment of such defence. However, despite this recognition, does this defence fit into the digital paradigm, and how can it be applied to damage caused by defects in products with digital elements that incorporate artificial intelligence?