WHO IS LIABLE WHEN AI FAILS? RETHINKING RESPONSIBILITY IN AUTOMATED DECISION-MAKING SYSTEMS
Authors
James Whitaker ()Files
Key Information
Journal
Published in Vol. 1 No. 1 (2026) of Omega Journal of Legal Studies and Policy.
OMEGA Journal of Legal Studies and Policy is an international, peer-reviewed, open access journal dedicated to advancing scholarly research in law, legal systems, and public policy. The journal provides a platform for academics, legal practitioners, and policymakers to explore contemporary legal issues, promote critical analysis, and contribute to the development of legal frameworks at national and global levels.
Key Highlights:
- Peer-reviewed (Double-blind)
- Open Access Journal
- Monthly Publication
- International Scope
Frequency of Publication: Monthly
Languages: English, Polish and Russian
Publication Format: Electronic
ISSN (E): 3072-4686
About the Journal
Abstract
The increasing deployment of artificial intelligence (AI) systems in decision-making processes raises complex questions regarding legal responsibility and liability. Traditional legal frameworks, built around human agency and foreseeability, are often ill-equipped to address harms caused by autonomous or semi-autonomous systems. This paper examines the problem of liability in AI-driven contexts through a doctrinal and case-based analysis. By exploring hypothetical but realistic scenarios involving algorithmic decision-making, the study highlights gaps in existing legal doctrines, particularly in tort law and product liability. It argues that current approaches either overextend existing principles or leave significant accountability gaps. Rather than proposing a universal model, the paper advocates for a context-sensitive reinterpretation of responsibility that reflects the distributed nature of technological systems. The analysis contributes to legal scholarship by clarifying the conceptual challenges posed by AI and identifying pathways for doctrinal adaptation.
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