Liability for AI Decision-Making

There is as yet no generally recognised ground of liability for decision-making by AI. This chapter discusses the available grounds of liability (including vicarious liability and negligence) in different jurisdictions, the conditions for their application, and the issues that arise when trying to decide on liability for AI decision-making. Several related grounds of liability that are not directly applicable (such as liability for animals) will be discussed as providing a model for future law. The focus is on tort liability, with only a few remarks dedicated to contractual liability. The chapter concentrates on AI systems embedded in organizations, not on robots or autonomous vehicles. Particular attention is devoted to the role of the surrounding organization in containing possible risks that may arise when decisions are made by AI