Abstract

MASOITTI, Matías. The Insufficiency of Causality as an Element of Civil Liability for Damages Produced by Robotics and Autonomous Systems. Rev. Derecho Privado [online]. 2022, n.42, pp.215-260.  Epub Apr 03, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n42.09.

The present work aims to highlight the insufficiency of the causal relationship as an element of civil liability for the damages produced by robotics and autonomous systems (RAS) in this technological revolution based on big data. We analyze the categories of tort liability in accordance with the regulations of argentine private patrimonial law. The argumentative core of this idea lies in the fact that the RAS work through correlations that operate as a limit for the predictability of designers, manufacturers, owners and operators, which constitutes an essential element to qualify causal relationship as an element of the tort law. We propose the validity of compulsory insurance for foreseeable damages caused by RAS and the creation of a guarantee fund to repair unforeseeable damages caused by RAS.

Keywords : causal relationship; liability; damages; robotics; autonomous systems; AI; big data; unpredictability.

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