Strict liability
A liability regime in which the victim need not prove fault, but only the harm, the defect and the causal link between the two.
Since Directive 85/374/EEC of July 25, 1985, the producer of a defective product answers for the harm without the victim having to prove negligence: that is strict liability, or no-fault liability. The victim need only establish three elements, the defect of the product, the harm suffered and the causal link between the two. This regime contrasts with fault-based liability, which requires proof of a breach and places a far heavier evidentiary burden on the victim. Directive (EU) 2024/2853 on liability for defective products now explicitly counts software and artificial intelligence systems as products. Defective AI therefore falls under strict liability, with presumptions of defectiveness or causality that offset the technical opacity of these systems. The scope remains bounded to personal injury, property damage and loss of data, the last two only where not used exclusively for professional purposes; purely economic loss and infringements of fundamental rights are excluded.
Textbook case: if an AI-equipped medical device causes an injury, the victim need not prove the manufacturer's negligence, but only the product's defect, the harm and their causal link, in accordance with the revised Product Liability Directive.
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