Considerations regarding Artificial Intelligence and Civil Liability: the case of autonomous vehicles

Abstract

The current paper intents to discuss the possibilities and the legal grounds of civil liability for damages caused by autonomous vehicles, meaning vehicles that operate without human intervention, under Portuguese Law. Artificial Intelligence [AI] has been evolving in such a way that allows us to assume that is rapidly approaching the time when machines like automobiles will be able to operate in a completely autonomous way, without human intervention. The automobile industry has been implementing navigation systems progressively more independent and some are already testing vehicles without driver. But who will be held liable if these vehicles cause damages to persons or goods? Who will be held liable if a mortal accident or car collision occurs? The automobile’s owner, the person who is being transported, the manufacturer of the vehicle or the programmer that created the algorithms in which the vehicle based its conduct? And on which legal grounds?
On the other hand, there are several other issues that can arise regarding this matter: can we call “conduct” to the action of a driverless automobile? Will we reach a point in which the AI evolves until it is able to learn by itself and decides to cause damages? How can an autonomous agent be held liable if it doesn’t have legal personality?

Keywords: Autonomous vehicles, Artificial Intelligence, Civil liability.