The impact of artificial intelligence on the rules of civil liability for a machine guard

Resumo

Context: The rapid advancement of artificial intelligence (AI) technologies has led to their integration into various sectors, including autonomous systems. This integration has raised numerous legal and ethical challenges, particularly concerning civil liability for damages resulting from the actions of such machines. The "machine guard"—the individual responsible for supervising and controlling the machine—represents a central figure in these legal concerns.

Objective: This study aims to examine the impact of artificial intelligence on the civil liability rules applicable to the machine guard, by clarifying the roles and responsibilities of individuals overseeing intelligent machines and assessing the applicability of traditional legal doctrines to situations in which machines make autonomous decisions.

Methodology: The research adopts a critical analytical approach by reviewing conventional civil liability rules and comparing them to the emerging legal realities imposed by AI technologies. It also relies on hypothetical scenarios and comparative legal models where appropriate.

Results: The study concludes that traditional rules of civil liability, including those governing the role of the machine guard, are insufficient to address the legal issues arising from decisions made by AI systems. These rules are based on the assumption of direct human intervention, which is often absent in many AI applications. Therefore, there is an urgent need to either reform existing legal rules or establish new legal frameworks that accommodate the complexities of modern technology while maintaining a fair balance between innovation and accountability.