AI product liability under EU and Canadian laws

AI and AI-enabled product-related liability have been a concern for the industries and consumers. They would like clarity on the liability for defective AI systems or products to mitigate risks. Laws in many countries provide tort or strict liability to address product liability. Some countries are amending or seeking to amend existing product liability legislation to address new issues related to AI. The EU has passed new directives and amended existing ones to address AI product liability, while Canada has drafted a new law to address this issue. The article aimed to assess the available literature and identify gaps in AI product liability. It also investigates the rules in the EU and Canada regarding AI product liability. By doing so, it intended to suggest improvements to the Canadian law on AI product liability. To achieve the objective, the researcher utilized a systematic literature review, legal doctrinal research, and comparative legal method. The finding showed that proving fault in an AI environment is challenging. Therefore, strict liability or a rebuttable presumption of causation could effectively protect end users. It will also ensure that various parties involved in AI take necessary safety measures to meet the legal presumption of their liability. It further revealed that the EU regulatory framework addresses AI product liability more effectively, although it has a few weaknesses that need to be addressed. The article suggested improvements to Canadian law regarding proof of fault, personal remedies, the role of the court, and the parties' liability.