AI Liability and Liability Insurance for AI

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ID: 328731
2026
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Abstract
Abstract This chapter investigates how liability for AI-related harm should be allocated and insured under English law. It argues that AI liability concerns responsibility for the development, deployment, and use of AI, not liability of AI itself. Existing regimes including negligence, professional liability, product liability, and contract remain relevant, but AI strains them through opacity, adaptive behaviour, multi-actor value chains, proof asymmetry, and correlated loss. The chapter rejects both legal personhood for AI and blanket strict liability, favouring a calibrated framework that aligns responsibility with control, expertise, and risk-prevention capacity. It then examines liability insurance as both a compensation mechanism and a governance tool, while recognizing its limits where risks are legally uncertain, difficult to attribute, or systemically correlated. Through analysis of the revised EU Product Liability Directive and emerging AI insurance products, the chapter argues for coordinated development of liability rules, insurance markets and risk-sharing mechanisms.
Reference Key
openalex_W7213391757 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Feng Wang
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Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198953586.003.0006
URL
https://doi.org/10.1093/law/9780198953586.003.0006
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