Victims of Artificial Intelligence: Perspective on Criminal and Civil Liability

Abstract

The possibility of unforeseen consequences and harm to people known as AI victims has grown in importance as artificial intelligence continues to permeate various industries. The complicated terrain of criminal and civil liability with regard to victims impacted by AI systems is critically examined in this article. In the wake of unfavourable AI- related incidents, the article offers a comprehensive examination of the difficulties and moral issues surrounding the accountability of AI developers, operators, and stakeholders. It delves into case studies and real-world instances where individuals have suffered harm due to AI failures, biases, or unintended consequences. By analyzing these scenarios, the chapter seeks to highlight the varied nature of AI-related victimhood and the need for a nuanced legal structure to deal with the diverse forms of harm inflicted. Moving on, the article additionally explores the evolving legal landscape surrounding criminal liability in AI incidents. It investigates the role of negligence, intent, and corporate responsibility in determining criminal  culpability. Furthermore, it scrutinizes emerging legal precedents and the difficulties in identifying criminal intent with AI systems or their human operators. The subsequent section shifts the focus to civil liability, emphasizing the complexities of seeking compensation for AI- related harm through legal channels. Discussions cover issues of foreseeability, duty of care, and the establishment of causation, underscoring the challenges faced by victims seeking recourse in civil courts. Nonetheless, the article discusses the possible legislative and regulatory frameworks that could ensure accountability in the development and implementation of AI technology. It discusses the initiatives being taken to develop guidelines for ethical use of AI technology, such as the incorporation of ethical values into legal frameworks. This chapter is a valuable resource for legal professionals, policymakers, and scholars grappling with the complex issues of victimhood in relation to AI technology. The opinions presented in this chapter add to the continuing discussion on the creation of efficient legal frameworks that strike a balance between innovation and the defence of those who endure the unforeseen repercussions of artificial intelligence.