Civil Liability for Artificial Intelligence Damages

Volume 16, Issue: 1 part 1
Winter 2025
Pages 475-492

Document Type : Research Paper

Author

Ministry of Higher Education and Scientific Research / Legal Department

Abstract
Civil liability for damages caused by artificial intelligence devices is achieved as a result of an error on the part of artificial intelligence devices, thus causing damage, and then resulting in a causal relationship between the error and the damage, and civil liability resulting from artificial intelligence damages may be contractual or tortious liability for the damage caused by those devices. On the other hand, the law stipulates compensation for damages caused by artificial intelligence devices, and the main objective of compensation from the civil liability system is to obtain appropriate compensation for the damage that has befallen others, and compensation is in fact the original means of the judiciary in redressing damage, whether this is done by reducing or erasing the damage, Which ultimately leads to the injured party being compensated.
The complex issue of civil liability that may arise from damages caused by smart systems and machines, as well as the challenges associated with identifying the responsible party, is in cases where the fault is attributed to the machine or smart system rather than its human operator. This issue is a major challenge for the Iraqi judiciary, as it is difficult to establish a fair legal basis for the liability of artificial intelligence

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  • Receive Date 14 December 2024
  • Revise Date 27 December 2024
  • Accept Date 27 December 2024