The Challenge of AI Damage to Traditional Tort Law and Legislative Response

Purpose /Significance The tort caused by artificial intelligence (AI) damage has brought some problems, such as how to determine the subject of tort liability, what imputation principle should be applied, and whether the current regulations on special tort liability can be used. Design/Methodology To solve the problem of tort caused by AI damage, we should start from the nature of artificial intelligence, determine the type of tort liability of AI, and adjust the system according to the particularity of AI. Findings/Conclusions AI is a product rather than a civil subject, therefore, its product liability system should be improved and its tort liability should be adjusted. Given the complexity and the independence of AI design behavior, the designer will bear liability without fault as the AI products’liability subject in law in the future. Since it is difficult to justify the design defect of AI products, shifting of burden of proof for the design defects is a must. Meanwhile, code of ethics should be added to the standards of product defects to prevent the AI product “intentionally” endangering human beings.