AI liability clarified but gaps remain

The UK Jurisdiction Taskforce (UKJT) has launched its Legal Statement on Liability for AI Harms, asserting that the common law system of England and Wales possesses the flexibility to tackle many legal challenges posed by artificial intelligence. This expert analysis not only reaffirms the applicability of existing principles like negligence and professional liability when AI causes harm but also highlights areas of persistent uncertainty that demand government intervention.

Brett Dixon, vice president of the Law Society of England and Wales, expressed support for the UKJT's findings, stating, “We welcome the UKJT’s work to clarify liability for AI harms under the common law of England and Wales, including when those who did not deliberately set out to cause harm may still be legally responsible." He added, “This represents an important step in recognising the interaction between AI systems and liability in private law. It also demonstrates that the law of England and Wales can respond to important AI developments around consumer protection, transparency and the value of regulated professions."

Dixon also noted the practical implications of the Legal Statement, mentioning, “The Legal Statement provides much needed clarity for our members on the circumstances in which a professional can be liable for using, or failing to use, AI in the provision of their services.” Despite this progress, he pointed out that uncertainties remain, particularly regarding product liability law and its relevance to both AI-embedded products and standalone AI software, as well as cases where harm occurs without evidence of negligence. As AI technologies continue to evolve, these identified gaps highlight the urgent need for legal frameworks to keep pace with technological advancements.