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EU's Proposed AI Liability Directive Sets Procedural Rules for Litigating Potential AI Harms

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On September 28, 2022, the European Commission published its Proposal for an Artificial Intelligence Liability Directive. See European Commission, Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence, COM (2022) 496 (the "Directive" or "AILD"). The Directive only addresses non-contractual fault-based civil claims for damages arising out of incidents involving AI systems, in other words, tort-based claims....
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