Răspunderea pentru produse defectuoase bazate pe inteligenţa artificială – între provocări şi soluţii
Liability for defective products based on artificial intelligence – between challenges and solutions

Summary/Abstract: The rapid development and the increasingly widespread utilisation of artificial intelligence systems entail important potential risks and prejudices for users and third parties. The characteristics of such systems – their ability of continuous self learning, the data dependence, their autonomy and freedom of making decisions and choices which are not pre determined by a person, the opacity of their internal functioning mechanisms – rise legal challenges in the field of civil liability. If the principial option of the legislator is the utilization of the already existing regimes of civil liability and reparation, nevertheless, as regards the liability for damage caused by defective products, we are witnessing an effort to adapt pre existing rules to technological developments. Our material makes a brief presentation of some of the important changes introduced in the field by the recent European Directive 2853/2024 – the extended definition of products, the characterization of defects, the identification of responsible persons – in an attempt to capture the delicate balance between contradictory interests taken into account by the legislator: stimulating innovation and, respectively, ensuring adequate protection for victims, by facilitating reparation.

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