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"CIVIL LIABILITY"
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Towards Protecting the Injured Party from Errors and Hallucinations of Artificial Intelligence: A Contemporary Legal Perspective version 1; peer review: awaiting peer review
The world has been witnessing a growing and accelerating expansion in the use of artificial intelligence (AI) systems, as leading worldwide technology businesses compete to develop systems and software that can simulate the human mind, produce technological solutions, and accomplish activities that previously needed human mental effort. This has given rise to a host of new and unfamiliar legal challenges, including those connected to errors and 'hallucinations' that may produce inaccurate or misleading outputs. This paper examines the technical and practical risks associated with the use of AI, with a focus on the phenomenon of hallucinations that has recently become widely discussed, and its potential effects on users and third parties. This study adopts a comparative, analytical legal approach by analyzing the current legal framework to determine the extent to which the law protects the injured party, assessing the adequacy of existing civil-liability rules, and emphasizing the difficulties associated with proving fault and causation, as well as identifying the responsible party within the complex smart-transactions ecosystems. Accordingly, the objective of this paper is to determine how civil liability arising from the use of AI systems in numerous fields may be attributed, and to identify the future legal implications of such systems in light of the general rules of the UAE Civil Transactions Law and the substance of the EU regulation. Accordingly, the study presents a contemporary legal perspective on conventional culpability to safeguard the harmed person against AI faults and hallucinations. It concludes by proposing innovative legal mechanisms, such as strict (objective) liability, transparency obligations, and compulsory insurance, to compensate the injured party for 'digital harm' caused by AI technologies. The research indicates that legal responsibility and technical innovation must be balanced to safeguard the damaged party.
Journal Article
The litigators
Law firm partners Oscar Finley and Wally Figg see a chance for huge financial gain when they learn of a pending class action lawsuit against the makers of Krayoxx, a popular cholesterol-reducing drug suspected of causing heart attacks.
Book
presunción de culpa en la responsabilidad civil por el ejercicio de las actividades peligrosas
La minimización de la técnica jurídica de la presunción de culpa ha disociado la interpretación de los hechos constitutivos de la responsabilidad civil por el ejercicio de las actividades peligrosas, desnaturalizando la actividad probatoria de los extremos procesales, en la medida que la acreditación de la ausencia de culpa no exime de la obligación reparatoria pretendida. La absoluta determinación de la culpa en el ejercicio de las actividades peligrosas por la interpretación mayoritaria del artículo 2356 del Código Civil debe relativizarse, dado que no se detiene exhaustivamente en la razonabilidad material de que el demandado no se exonere con la ausencia de culpa, sino que se empecina exclusivamente en la necesidad material de que la víctima demandante se beneficie con la culpa presunta. La reevaluación de las implicaciones probatorias generadas por la presunción de culpa conduce a que se aplique la lógica probatoria necesaria en su composición y función; se identifiquen las equivocaciones técnicas frente a su utilización en el litigio; y se clarifique la finalidad esperada por la jurisprudencia dominante de la Sala de Casación Civil de la Corte Suprema de Justicia (C.S.J.).
Journal Article
The litigators
Law firm partners Oscar Finley and Wally Figg see a chance for huge financial gain when they learn of a pending class action lawsuit against the makers of Krayoxx, a popular cholesterol-reducing drug suspected of causing heart attacks.
BOOK
Legal Responsibility in Environmental Law
The paper aims to make an endeavor in the field of environmental law. It is recognized that the most important role in the field of environmental protection and nature conservation is played by the preventive means of civil or administrative nature, while the criminal law means have a subsidiary role, which is why we have analyzed the civil, contraventional and criminal liability.
Journal Article
Mandatory insurance against civil liability of medical robots operating with AI technologies in the United Arab Emirates
Type of the article: Research Article AbstractThe integration of AI-enabled medical robots into the medical field has increased the potential risks to which patients may be exposed. To protect patients’ rights, this study aims to explore and analyze the need for mandatory insurance against civil liability of medical robots operating with AI technologies in the United Arab Emirates. Such insurance is intended to ensure adequate compensation, reinforce legal protection, and uphold confidence in medical practice, while also contributing to societal stability and supporting the growth of the insurance sector. The study employed a combination of descriptive and analytical methods. It concludes that smart medical robots are neither inanimate objects nor irrational beings. It recommends legislative regulations granting them digital legal personality under specific controls, recognizing their independent financial status, and enabling them to bear civil liability for actions causing harm. The study showed an upward trend in the number of insurance companies providing liability coverage for damages caused by AI-operated medical robots, increasing from two in 2020 to ten in 2025, and expected to rise further if full legal personality is granted. The research findings suggest amending the UAE Civil Transactions Code and the Medical Liability Law to codify civil liability provisions for autonomous smart medical robots and to mandate liability insurance. Furthermore, as insurers’ obligations depend on establishing the insured’s liability, UAE law should grant the injured party a direct right of action against the insurer.
Journal Article
THE LEGAL REGIME OF CORPORATE LIABILITY IN BOSNIA AND HERZEGOVINA AND LATVIA – A BRIEF COMPARATIVE OVERVIEW
The purpose of this research is to provide an overview of the basic characteristics of the legal regime and types of liability of legal entities in Latvia, as a member of the European Union, and Bosnia and Herzegovina, as a candidate for membership in this community of European states. This comparative study highlights similarities and differences between approaches to the criminal and civil liability of legal entities in the two countries. The principal results and major conclusions are that legal entities can be liable for other natural or legal persons, and this liability can be based on law or contract, either for an indefinite number of cases or a specific case. Here, there are minor differences between Bosnia and Herzegovina and Latvia, primarily based on the different treatment of certain companies and the fact that partnerships in Latvian law do not have legal subjectivity, so partners are independently liable. Regarding the liability of legal entities for criminal offenses, both criminal legislations have adopted a model where liability is regulated within criminal law provisions, not through lex specialis. The main difference between the legislations lies in the area of criminal sanctions. Criminal law in Bosnia and Herzegovina foresees penalties and security measures, while Latvian law includes coercive measures that somewhat more broadly restrict the rights of legal entities.
Journal Article