AI Harms & Responsibility in UK Civil Law

The Challenge of AI Accountability

As Artificial Intelligence (‘AI’) continues to develop and becomes increasingly integrated into everyday life, the law faces new challenges in determining responsibility when things go wrong. The UK legal system must adapt to address the risks and harms that may arise from AI technologies.

Currently, AI lacks legal personality and therefore it cannot be held liable for its own actions or for physical / economic harm. Consequently, responsibility for AI harms rests with the natural or legal persons involved usually determined by existing case law and statute governing contracts, negligence, professional and product liability.

Applying Existing Legal Principles

The prevailing view is that existing legal principles are largely capable of dealing with AI although clarification and updates are needed to ensure that they are applied effectively. To avoid uncertainty in the area, the Jurisdiction Taskforce (‘UKJT’) of Lawtech UK completed a consultation, and subsequently published, a legal statement on liability for AI harms. Geoffrey Vos stated this was formulated to provide confidence to those who want to innovate, invest, arbitrate and litigate in England.

The statement explores what AI characteristics give rise to perceived legal uncertainty, how negligence principles apply to AI-related harms, vicarious liability and AI, professional liability for using and/or failing to use AI and liability for false statements generated by AI tools such as chatbots.

Contractual Liability and Negligence

The conclusions drawn were that contracts will usually be the main source where liability is evidenced in relation to AI products however if no such contract exists, problems may arise.

Taking negligence for example, duty of care, breach of duty, causation including foreseeability and remoteness of damage will still need to be proven. Courts will do so by heavily analysing supply chains considering foreseeability of harm, the degree of control over AI, nature of AI’s use and whether reasonable precautions were taken. In many cases, the immediate user of AI is likely to be the most obvious Defendant.

With vicarious liability, employers can be held vicariously liable for their employee’s negligent use of AI however this does not reduce professional responsibility.

Professionals may be negligent if they fail to understand the AI they use / check outputs / conduct due diligence; use unsuitable AI; breach confidentiality or rely blindly on AI generated information.

The UKLJ also suggested that professionals may eventually be negligent for failing to use AI where competent professionals would reasonably be expected to do so.

Future Outlook and Courtroom Evidence

To assist Courts with the increasing use of AI, expert evidence can be utilised, simulations and testing can be implemented, evidential inferences can be drawn, and doctrines can be adapted.

Despite the above, questions remain in terms of how this will play out in practice, whether legal gaps persist and whether the above will lead to satellite litigation.

As AI continues to become embedded in everyday life, questions of liability for AI-related harms will only become more significant. Existing principles remain capable of allocating responsibility to those who develop, deploy or use AI systems however the UKJT’s ongoing work highlights the need for greater clarity moving forwards.

How Can Clapham & Collinge Can Help

Navigating the emerging complexities of AI risk, contractual vulnerabilities, and civil litigation requires robust and forward-thinking legal counsel. As a leading law firm in Norfolk, Clapham & Collinge offers specialist expertise to protect both businesses and professionals.

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The information in this article is for general guidance only and should not be treated as legal advice. It is not a substitute for obtaining advice tailored to your circumstances. While we aim to ensure accuracy at the time of publication, laws and guidance may change. Clapham & Collinge LLP accepts no liability for any loss arising from reliance on this content. For personalised advice, please contact our client relations team to book an appointment.