Personal injury litigation in the digital age. Liabilities, compensation and insurance for personal injury and death between traditional products, digital dimensions and artificial intelligence: The future protection of victims in the EU

Abstract

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PEOPIL, a European organization of personal injury lawyers, presents its views and recommendations on the revision of the Product Liability Directive (PLD) and the proposal for the AI Liability Directive (AILD). The paper highlights challenges posed by traditional products and new technologies like AI systems. PEOPIL advocates for higher liability standards, compensation, insurance, and evidence for victims, proposing amendments to better protect them. Key points include advocating for strict liability or burden of proof reversal for AI-caused personal injury, opposing any reduction in victim protection, calling for mandatory AI system insurance, harmonized evidence disclosure, and a victim-oriented legal approach. PEOPIL suggests clear protection levels for near-miss cases, recoverable losses, and limitation periods. They urge a common liability regime under the AILD Proposal, focusing on improving victims' access to presumptions of fault and causation. PEOPIL is disappointed that the new PLD doesn't address issues like remedies when producers no longer exist or are financially viable, difficulties in identifying producers, and supply dates, proposing solutions.