Who is liable when AI fails?
In the 1980s, the Therac-25 radiation system delivered at least 6 fatal or near-fatal doses of radiation to cancer patients. This was due, in part, to a glitch in the computer coding. There were also issues with the design of the system. Further problems were introduced when the system was upgraded at various hospitals. The
correct apportionment of liability is still debated today. So far, in Australia, the legislative focus has been on regulating liability for limited and specific forms of AI, such as autonomous cars and drones. There is no legislation dealing with liability for damage caused by AI generally.
Our experts look at regulating liability for different forms of AI in Australia.