On October 19, CBABC delivered a submission to the British Columbia Law Institute responding to their Consultation Paper on AI and Civil Liability. The response outlines our concerns and makes recommendations on how to address harm caused by AI systems.
We support applying the negligence framework to addressing AI-caused harm. However, we suggest that courts applying negligence principles in these cases consider the power imbalance faced by plaintiffs due to limited transparency and evidence. We recommend courts evaluate how limitations of AI technology may disproportionately impact vulnerable populations. Also emphasized is the need to ensure tort law in these cases enhances access to justice and protects against discrimination in these circumstances.
Engagement with members informed the development of this submission. We welcome the opportunity continue discussion on this complex issue.
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