Skyll på den artificiella intelligensen! - En utredning av skadeståndsansvar, utifrån skadeståndslagen, vid skador orsakade av artificiell intelligens

Sammanfattning: Currently, there is an ongoing industrial revolution driven by artificial intelligence. The artificial intelligence is an exceptional asset to society. However, the artificial intelligence has raised several tort law-related questions. This essay investigates the requirements that need to be fulfilled for an injured party to receive damages when damages are sustained to property or the human body. Furthermore, the potential party liable for damage caused by artificial intelligence and the possibility of strict liability is also discussed. Proving that an injured party has sustained damage, that comply with the legal criteria of tort law, is even more complex if the damage was caused by artificial intelligence. This is, for example, due to substantial evidentiary impediments since the information required to prove damage is protected by corporate confidentiality. Since the artificial intelligence is rapidly developing into an autonomous agent the question is if any party responsible for the artificial intelligence can be liable for the damages. In legal doctrine, artificial intelligence as a legal person has been presented as a solution to the liability problem. Artificial intelligence as a legal person is a somewhat futuristic yet a possible solution to the problems regarding artificial intelligence and tort law. Strict liability is another possibility, that already exists in Swedish tort law. Unfortunately, both presented alternatives entail comprehensive legal issues. The artificial intelligence is here to stay. However, tort law has not developed alongside the artificial intelligence and the conclusion is that there are no clear legal answers to the questions that have emerged. The liability questions regarding artificial intelligence must however be solved before it is too late.