Artificial Intelligence And Negligence: Examining Liability For Harm Caused By AI
Nikita Mishra, Thakur Ramnarayan College of Law, Affiliated to University of Mumbai, Mumbai, Maharashtra, India.
ABSTRACT
Artificial Intelligence (AI) is fundamentally altering the socio-economic and legal framework of India, impacting diverse sectors such as healthcare, judicial administration, financial services, and autonomous transportation. Although the transformative capacity of AI is broadly recognized, its implementation raises significant issues regarding legal accountability that current Indian legislation is not adequately prepared to address. The existing legal structure primarily comprises the Information Technology Act of 2000 and the Digital Personal Data Protection Act of 2023. In the contemporary context of rapid technological progress, the advancement of artificial intelligence (AI) is fundamentally transforming numerous sectors. Over the next few years, AI is expected to proliferate, influencing various dimensions of society, including healthcare, entertainment, finance, and transportation. Nevertheless, the progression of AI introduces legal complexities that necessitate thorough examination and regulation. This paper addresses the emerging concern regarding liability for harm caused by AI under Indian law, investigating who should be deemed responsible and accountable for outcomes produced by AI as well as any associated malfunctions. Furthermore, this study explores how traditional principles of liability and negligence can be applied to incidents involving AI-related harm. The article underscores the pressing requirement for a specialized regulatory framework in India to adequately tackle these challenges. It culminates with suggestions for an artificial intelligence-specific regulatory structure in India and explores the legal dimensions of AI liability. The article underscores the pressing requirement for a specialized regulatory framework in India to adequately tackle these challenges. It culminates with suggestions for an artificial intelligence-specific regulatory structure in India and explores the legal dimensions of AI liability.
Keywords: Artificial Intelligence (AI), Negligence, Tort Law, AI Liability, Duty of Care, Product Liability, Causation, Legal Accountability, Indian legal Framework, AI Regulation.
