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Law Meets Models

Liability: Who Pays When It Fails

10 min+100 XPStep 1/10

The allocation problem

When an AI system causes harm, the law has to pick a defendant among: the developer (trained the model), the deployer (put it in a product), the user (relied on it), or nobody (it's just autonomous). No settled doctrine answers this — so liability flows through the doctrines that already exist, stretched to fit:

  • Contract — who promised what; indemnities and terms do more allocation than any statute
  • Tort — negligence and product liability supply the default rules when contract runs out
  • Statute — the AI Act adds regulatory duties, but regulatory violation isn't automatically civil liability

The practical baseline courts keep reaching: the entity that chose to deploy the system in this context bears the duty of competent use.