The Strict Liability of the Producer as a Basis for Compensation for Damages Caused by Intelligent Machines

Abstract

The digital revolution witnessed worldwide has enabled the integration of artificial intelligence with physical entitles, yielding machines of an inherently intelligent nature that challenge the traditional rules of producer liability for defective products as set out in the 1985 European Union Product Liability Directive which the French legislator laid down specific rules for the manufacturing entity under Consumer Protection Law No.1 of 2010. This research aimed to analyze the liability riles contained in the aforementioned laws using a comparative analytical approach to assess their suitability for the digital era. the study reached several findings, most notably the inability of the existing's defective products liability framework to compensate for damages caused by intelligent machines, which led the European Legislator to introduce a new directive aligned with the unique characteristics of these devices. The Iraqi Consumer Protection Law was found to be marked by ambiguity  regarding the basis of producer liability. The Research concluded with a recommendations that the Iraqi legislator draw on the European experience under the amended Product Liability Directive, given that it constitutes a modern law that keeps pace with the digital revolution , ensures consumer protection, and facilitates the advancement of technological progress.