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Why there is no single liable party
An AI system can sit inside a chain of decisions: one organisation builds or supplies software, another integrates or configures it, and a business or public body uses its output. A person may then act on that output, or an automated process may affect someone without an immediate human decision. Which part of that chain matters legally depends on the applicable law and the evidence connecting a defendant’s conduct—or a product defect—to the harm.
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“The AI made the decision” is not, by itself, a legal explanation of who must pay. Nor does being the developer, provider, or user automatically establish fault. The relevant parties and legal duties vary by jurisdiction and by claim.
Who might be involved in a claim?
| Actor | Why the actor may matter | What the role does not establish |
|---|---|---|
| Software producer or manufacturer | A claim may focus on whether software or a product was defective and whether that defect caused damage. In the EU’s updated product-liability framework, software developers or producers, including AI system providers within the AI Act definition, are treated as manufacturers subject to the directive’s terms and application dates. | It does not mean every harmful output proves a defect or makes the producer liable. |
| AI provider | Under the EU AI Act, providers are among the regulated operators subject to compliance oversight and enforcement. | Regulatory status alone does not decide civil compensation. |
| Deployer or business user | The organisation choosing a system’s purpose and context, configuring it, supervising it, or relying on its output may be relevant to the facts. Deployers are among the operators covered by EU AI Act enforcement. | The particular civil duty depends on applicable law and what the organisation did. |
| Operator or human decision-maker | How a person or organisation controlled, reviewed, or acted on the system may matter under the relevant claim, including where professional or other duties apply. | Using automation does not automatically remove a person or organisation from the causal chain. |
| More than one actor | A system may involve a producer, provider, integrator, and deploying organisation. The European Parliament’s 2025 study describes how multiple actors can make it difficult to identify a potentially liable party. | The existence of several participants does not establish that each—or any particular one—is liable. |
Regulatory enforcement is not the same as compensation
In the EU, the AI Act sets compliance obligations for covered actors and provides for public supervision and enforcement. The European Commission’s AI Act Service Desk identifies the AI Office, the European Data Protection Supervisor, and national competent authorities as supervisory and enforcement bodies; market-surveillance authorities enforce rules for AI systems, including high-risk systems. The AI Office has exclusive powers over specified models and systems.
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That framework answers who oversees compliance with the Act. It does not, by itself, establish a damages formula or determine who must compensate a particular person. A compensation claim must rely on an applicable civil-liability route and satisfy that route’s requirements.
As of 4 October 2026, the AI Act’s general application date of 2 August 2026 has passed, but the Act includes staged exceptions and later dates for some high-risk-system obligations. Its requirements therefore do not all begin on one date.
How EU product liability may apply
Directive (EU) 2024/2853 updates the EU product-liability framework and expressly covers software, including AI systems. Member States must transpose it by 9 December 2026. Its rules apply to products placed on the market or put into service after 9 December 2026; products placed on the EU market before that date remain under the previous directive’s rules. The updated directive also preserves rights under national contract law and other non-product-liability rules.
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For a product-liability claim, the EU’s official Your Europe guidance describes three elements the claimant must prove: damage, a defective product, and a link between the defect and the damage. If more than one business is responsible for the safety of the same product, the injured party may take any of them to court. This does not make an AI provider the automatic defendant; the product, alleged defect, causal evidence, and applicable rules still matter.
What has to be shown—and why evidence matters
Harm occurring while an AI system was involved is not the same as proving that a particular defendant’s legally relevant conduct or a product defect caused that harm. The claimant needs a causal account that fits the chosen legal route. In the EU product-liability example, that means connecting damage to a defect; another claim may require different elements under the relevant national law.
The European Parliament’s 2025 study notes that AI’s complexity, multiple actors, and limited access to logs, algorithmic structures, or training data can make it harder to prove defect, fault, or causation. A practical way to preserve a clearer account of an incident is to retain, where available, records of:
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- the system and version used, its configuration, and any relevant updates;
- the inputs and outputs involved in the incident;
- the intended use and the context in which the system was deployed;
- whether a person reviewed the output, what that review involved, and how the output was acted on;
- monitoring, incident response, and communications about the event.
This is practical documentation advice, not a statement that every item is legally required in every jurisdiction. A person considering a claim should identify the relevant jurisdiction and legal route, because evidence needed and available procedures differ.
Which legal route might apply?
Product liability is only one possible route. Depending on the facts and local law, a claim might instead or additionally concern negligence or another civil-liability rule, contract, discrimination, privacy, employment, or a sector-specific regime. The EU product-liability directive expressly leaves national contractual and other non-product claims in place.
To assess who may be responsible, the key questions are:
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- Where and when did it happen? Identify the jurisdiction and, for the EU product-liability transition, whether the product was placed on the market or put into service before or after 9 December 2026.
- What legal route fits the harm? A defective-product claim has different requirements from a contract, negligence, discrimination, or privacy claim.
- Who controlled each relevant step? Identify who developed or supplied the system, integrated or configured it, deployed it, supervised it, and relied on its output.
- What defect or breach is alleged? Separate an undesirable outcome from evidence of a legally relevant product defect or breach of duty.
- How is the harm connected? Identify the injury or loss and the evidence linking it to the alleged defect or conduct.
- What records can be accessed? Logs and technical information may help explain how the system operated and how its output contributed to the event.
Proposals and a US legislative example: check the status
Two EU initiatives are sometimes described as though they were current, generally applicable AI liability rules. They should not be:
- The European Parliament’s 2020 resolution proposed a civil-liability regime with strict liability for operators of high-risk systems and fault-based liability for other systems. It is a proposal, not the enacted EU-wide civil-liability rule.
- The European Commission’s 2022 proposed AI Liability Directive addressed evidentiary presumptions in fault-based claims. It is a proposal, not a directive currently binding Member States.
In the United States, the Senate Judiciary Committee announced on 29 September 2025 that Senators Durbin and Hawley had introduced the AI LEAD Act, which would create a federal product-liability cause of action for AI harms. That announcement establishes introduction, not enactment or the bill’s current status. State law and other federal law may also matter; the cited announcement is not a comprehensive account of US liability rules.
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Start by identifying the harm, the jurisdiction, and the organisations and people involved in the system’s path from development to decision. Then determine which legal route could apply and what evidence would connect a defect or conduct to the harm. In the EU, the AI Act’s compliance oversight and product-liability claims serve different functions, and the updated product-liability rules have a defined transition date. Elsewhere, the answer depends on the local legal framework. This general overview cannot determine liability in a particular incident.
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