A de facto reversal of the burden of proof introduced by the 2024 directive, triggered notably by the product's technical complexity.
Directive (EU) 2024/2853 on product liability introduces rebuttable presumptions that lighten the victim's burden, one triggering where proof of the defect is excessively difficult because of the product's technical complexity. Applied to AI, this rule turns the model's opacity against its maker, who must now show the product was not defective. Unexplainability, yesterday's technical argument, thus becomes a legal liability.
A maker of an embedded AI system must open the black box and produce its training documentation, or see defectiveness presumed.
présomption réfragable