AI and Law I - Lecture 4: Civil Liability II: Strict Liability

Please also view the Lecture 1 Course for links to all the other lectures. Note: This lecture was used to finish the content of Lecture 3. The cards for that have been moved to Lecture 3.

17 flashcards · Law · by daniel-eder

1. Where is product liability regulated in the EU?

   Product liability directive -> must be implemented nationally

2. Who is liable for products, under which conditions and to whom?

   Art 1 Product liability directive the producer regardless of whether at fault or not to consumers, including "innocent bystanders"

3. Can product liability be waived?

   No, it is a mandatory provision

4. What is a product in the product liability directive?

   Art 2 Product liability directive all movables = needs to be a physical product even if included into another movable or immovable except primarily agricultural products and game

5. Who is the producer of a product?

   Art 3 Product liability directive the manufacturer of a finished product, raw material or component part and any person who presents himself as the producer

6. Is software (and AI?) covered by the product liability directive?

   Not currently, Art 2 Product liability directive requires a physical product ("movable"). But this will be amended to cover both software and AI

7. For what is the producer liable in regards to a product?

   Art 1 Product liability directive a defect in his product

8. What is a defect?

   Art 6 Product liability directive when the product does not provide the safety which a person is entitled to expect

9. What damages are covered by the product liability directive?

   Art 9 Product liability directive personal injury to be compensated in full no restriction to consumers damage to property only tangible goods OTHER than the product itself 500€ deductible no compensation for damages to products in non-private use

10. When can liability of the producer be reduced or disallowed in the PLD?

    when the damage is caused by both a defect and by the fault of the injured person

11. What is the liability excvlusion of the product liability directive?

    Art 7 (e) Product liability directive so called "development risk" - products according to state of the technology when put into circulation = no liability if producer proves that state of science and technology did not allow to discover the existence of the defect Example: Toothphaste with radium in the 70s

12. Statute of limitation for product liability?

    Art 10Product liability directive relative time limit: three years from awareness of damage, defect and identity of the producer absolute time limit: 10 years from putting the product into circulation

13. How is strict liability for railways and motor vehicles regulated in the EU?

    no harmonized scheme for liablity (depends on national law) but motor liablity insurance is harmonized

14. Who is (strictly) liable for motor vehicles in Austria?

    § 5, 6 EKHG always the keeper (not necessarily the owner!) potentially joint fault liability of the driver

15. What is an accident according to EKHG?

    § 1 EKHG sudden event causing damage

16. Who can ask for compensation according to EKHG?

    Injured person (not the driver!) owner of damaged property

17. When is liability exclused according to EKHG?

    no liablity for accidents due to "inevitable events" IF keeper adhered to "highest standard of care" -> more than just no misconduct and no defect of the vehicle