AI Law - International Review of Artificial Intelligence LawCC BY-NC-SA Commercial Licence
G. Giappichelli Editore

05/06/2024 - No Need for New Tort Law to Address AI Challenges (Canada)

argument: Normativa/Regulations - Civil Law

Based on an article from Law360, the Law Institute of Canada has concluded that there is no need for new tort laws to address the challenges posed by artificial intelligence (AI). The Institute's position is that existing legal frameworks are sufficient to handle the complexities introduced by AI technologies, provided they are interpreted and applied with an understanding of the unique characteristics of AI.

The article outlines the arguments presented by the Law Institute, which emphasize that traditional tort principles such as negligence, strict liability, and vicarious liability can be adapted to address issues arising from AI. The Institute argues that courts can interpret existing laws to encompass AI-related harms, such as those caused by autonomous vehicles, AI-driven medical devices, and algorithmic decision-making systems.

Additionally, the article discusses the Institute's recommendations for enhancing the effectiveness of current tort laws. These include increasing judicial education on AI technologies, encouraging interdisciplinary collaboration between legal professionals and AI experts, and promoting the development of industry standards and best practices. The Institute also suggests that regulatory agencies play a proactive role in overseeing AI applications to prevent harm and ensure compliance with existing laws.