Artificial Intelligence and Tort Law

The chapter deal with civil liability rules and risk management provisions of the AI Act as complementary mechanisms for preventing harm arising from the use of artificial intelligence systems. From this perspective, liability serves as an efficient remedy insofar as it allocates the cost of damage to the party who is able to prevent it at the lowest cost. This increases the probability that preventive measures will actually be implemented and helps avoid economically inefficient legal solutions that impose uniform organizational choices through central authorities, rather than allowing firms to determine appropriate strategies on a case-by-case basis. However, the cost-benefit rationale reaches its limits when it comes to the protection of fundamental rights and values, which cannot be subject to balancing by private actors, nor sacrificed for the sake of economic efficiency alone. In such cases, it is necessary to establish specific safety requirements set by regulatory authorities, with which AI system providers and users must comply.