Challenges of civil liability in the age of artificial intelligence: A comparative study between traditional and modern systems

Abstract

This research addresses a fundamental issue concerning the extent to which traditional rules of civil liability are capable of keeping pace with the challenges posed by artificial intelligence (AI) applications, particularly in light of the profound transformations occurring in the legal landscape due to the integration of AI across various aspects of life. The study is based on the hypothesis that existing legal systems, in their current form, are insufficient to fully encompass the complex issues raised by AI systems—especially regarding the identification of the party responsible for damages and the nature of the relationship between humans and intelligent machines.

The research is structured into two main sections. The first explores the shortcomings of traditional legal systems, highlighting the difficulties of applying established civil liability rules to AI technologies. It also discusses the limitations of the dominant legal theories—namely, the fault-based theory and the risk-based theory—in interpreting and adapting to the actions of entities driven by algorithms and machine learning, which exhibit a degree of autonomy. The second section focuses on the evolution of modern legal systems in response to these gaps, analyzing contemporary legislative models from the European Union, the United States, and some emerging Arab experiences. It further examines key jurisprudential trends that aim to reformulate civil liability theory in accordance with the distinctive features of AI.

The research concludes with several key findings, most notably that reliance on traditional rules without dedicated legislative development will result in a legal vacuum that hinders accountability for AI-generated harm. The unique characteristics of these systems—such as autonomy and self-learning—necessitate the formulation of a new legal concept of liability. The study recommends the adoption of specialized national legislation aligned with international trends, establishing a dynamic legal framework based on principles of proactive liability and preventive oversight. It also calls for enhanced collaboration between legal and technical experts to develop innovative legislative solutions that ensure the protection of rights and the realization of justice in the contemporary digital environment.