Desafíos para la responsabilidad civil a propósito del riesgo y de la autonomía

Vollständiger Abstract

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This paper analyzes the configuration of the civil liability regime for damages caused by artificial intelligence systems in the European Union, taking risk as a backbone element. Based on European regulatory developments, the different levels of risk are examined as a criterion for ordering the legal response, as well as their impact on the determination of the applicable regime, the burden of proof, the traceability of the damage and the complementary protection mechanisms, such as compulsory insurance and compensation funds. The study shows that European regulation is moving towards a differentiated model according to the degree of risk of the system, with the aim of balancing the protection of victims, legal certainty and the promotion of technological innovation.