  Artificial intelligence can cause inconvenience, harm, or other unintended
consequences in various ways, including those that arise from defects or
malfunctions in the AI system itself or those caused by its use or misuse.
Responsibility for AI harms or unintended consequences must be addressed to
hold accountable the people who caused such harms and ensure that victims
receive compensation for any damages or losses they may have sustained.
Historical instances of harm caused by AI have led to European Union
establishing an AI Liability Directive. The directive aims to lay down a
uniform set of rules for access to information, delineate the duty and level of
care required for AI development and use, and clarify the burden of proof for
damages or harms caused by AI systems, establishing broader protection for
victims. The future ability of provider to contest a product liability claim
will depend on good practices adopted in designing, developing, and maintaining
AI systems in the market. This paper provides a risk-based approach to
examining liability for AI-driven injuries. It also provides an overview of
existing liability approaches, insights into limitations and complexities in
these approaches, and a detailed self-assessment questionnaire to assess the
risk associated with liability for a specific AI system from a provider's
perspective.
