UK Taskforce Issues Statement on AI Liability Under English Law
A new legal statement suggests that existing principles of English tort and contract law can be applied to harms caused by AI chatbots, though gaps in product liability for standalone software remain.
The UK Jurisdiction Taskforce has issued a Legal Statement on Liability for AI Harms, asserting that existing principles of English private law are generally sufficient to attribute liability for losses caused by AI. The analysis suggests that claims for harm caused by AI chatbot outputs can be brought under established torts like negligent misstatement, defamation, and general negligence. For developers and deployers of AI, the key battleground will likely involve whether a duty of care was assumed, particularly when a tool is marketed for a specific purpose, potentially overriding general disclaimers. The statement also highlights a growing divergence between the UK and EU, as the EU’s revised Product Liability Directive will explicitly bring standalone software into its scope. While the taskforce's guidance provides some clarity, it also exposes a gap where the UK’s Consumer Protection Act 1987 is unlikely to apply to standalone AI systems. Counsel should monitor the Law Commission's review of the UK's product liability framework, which may address this issue.