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AI product liability under EU and Canadian laws.

Jawahitha Sarabdeen¹

¹College of Law, Prince Sultan University, Riyadh, Saudi Arabia.

Frontiers in Artificial Intelligence

|July 9, 2026

Summary

Proving fault in defective AI products is difficult. Strict liability or a rebuttable presumption of causation can protect consumers and encourage AI safety, with the EU framework offering a model for Canadian law improvements.

Keywords:

AI products Canada EU laws strict liability tort liability

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Area of Science:

Legal Studies
Technology Law
Artificial Intelligence

Background:

Product liability laws are evolving to address challenges posed by artificial intelligence (AI).
Industries and consumers seek clarity on liability for defective AI systems and products to mitigate risks.
Existing legal frameworks in many countries address product liability through tort or strict liability.

Purpose of the Study:

To assess existing literature and identify gaps in AI product liability.
To investigate current AI product liability rules in the European Union (EU) and Canada.
To propose improvements for Canadian AI product liability law.

Main Methods:

Systematic literature review
Legal doctrinal research
Comparative legal analysis

Main Results:

Establishing fault in AI environments presents significant challenges.
Strict liability or a rebuttable presumption of causation can effectively protect end-users.
The EU regulatory framework offers a more comprehensive approach to AI product liability, despite some weaknesses.

Conclusions:

The EU's approach to AI product liability provides valuable insights for legal reform.
Canadian AI product liability law requires enhancements in areas of fault, remedies, judicial roles, and party accountability.
Implementing strict liability or rebuttable presumptions is recommended to bolster consumer protection and AI safety.