数字时代的国防发展风险

IF 1.8 Q1 LAW

European Journal of Risk Regulation Pub Date : 2024-08-15 DOI:10.1017/err.2024.43

Guillem Izquierdo Grau

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引用次数: 0

摘要

产品责任法的支柱之一是发展风险抗辩。根据这一抗辩理由，如果在产品投入市场流通时，科学技术知识水平不允许发现缺陷的存在，则生产者对受害方造成的损害不承担责任。由欧盟委员会起草并于 2022 年 9 月 28 日发布的指令提案在第 10.1.e) 条中继续规定了开发风险的抗辩。指令提案》第 39 条提到了这一特殊问题，并提出了评估此类抗辩的一些要求。然而，尽管承认了这一点，这种抗辩是否符合数字范式，以及如何将其适用于包含人工智能的数字元素产品缺陷所造成的损害？

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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The Development Risks Defence in the Digital Age

One of the pillars on which product liability law is based is the defence for development risks. According to this defence, the producer is not liable for the damage caused to the injured party if, at the time the product was put into circulation, the state of scientific and technical knowledge did not allow the existence of the defect to be discovered. The Proposal for a Directive drafted by the European Commission and published on 28 September 2022 continues to provide, in Article 10.1.e), the defence for development risks. The Proposal for a Directive refers to this particular issue in Recital 39, which introduces some requirements for the assessment of such defence. However, despite this recognition, does this defence fit into the digital paradigm, and how can it be applied to damage caused by defects in products with digital elements that incorporate artificial intelligence?

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来源期刊

European Journal of Risk Regulation LAW-

CiteScore

6.10

自引率

0.00%

发文量

期刊介绍： European Journal of Risk Regulation is an interdisciplinary forum bringing together legal practitioners, academics, risk analysts and policymakers in a dialogue on how risks to individuals’ health, safety and the environment are regulated across policy domains globally. The journal’s wide scope encourages exploration of public health, safety and environmental aspects of pharmaceuticals, food and other consumer products alongside a wider interpretation of risk, which includes financial regulation, technology-related risks, natural disasters and terrorism.