Rewriting Delictual Liability in the Age of AI: Assessing Negligence for Physical Harm Caused by AI Driven Robots in Sri Lanka

Abstract

Where an Artificial Intelligence driven robot causes physical injuries to human beings, Aquilian action under the law of delict shall be applicable by default considering that there are no statutes or case law governing such incidents. Nonetheless, the application of the traditional delictual law doctrines in this context is difficult or rather impractical due to their inherent characteristics such as lack of explainability, unpredictability, autonomy, and multi-party involvement. The objective of this paper is to analyse the aforesaid issue and provide recommendations to resolve the matter.While the paper indicates how conventional Aquilian action fails in this context, it offers recommendations to incorporate recent developments in the field of AI and judicial/ legislative requirements.