Artificial Intelligence and Tortious Liability Case Study of Bosnia and Herzegovina

This book examines whether current liability systems can handle cases involving artificial intelligence (AI). It questions whether general liability rules, designed to be technology-agnostic, are adequate for AI-related accidents. While focusing on Bosnia and Herzegovina, it addresses issues relevant across Europe, offering answers based on common principles and tort law rules.
The book begins with an introduction to AI technology and associated civil law challenges regarding e.g. autonomy, data importance, and non-transparency. It then discusses the broader context of civil law issues, the role of liability systems, rule-making levels and timing, and ancillary mechanisms like insurance and safety standards. The bases of liability in Bosnia and Herzegovina are examined, including objective and subjective liability, product liability, and vicarious liability. The allocation of liability is also addressed, focusing on AI’s autonomy and loss of user control, and evaluating traditional liability allocation principles. Finally, the book analyzes why those harmed by AI might be worse off than those affected by conventional adverse events.

1 Introduction.- 2 Understanding AI and the current legal landscape.- 3 Liability within the wider framework.- 4 Bases of liability.- 5 Allocation of liability.- 6 Position of an injured party.- 7 Conclusion.

"Nasir Muftic is an Assistant Professor at the Faculty of Law of the University of Sarajevo. He graduated from the Faculty of Law of the University of Sarajevo in 2016, obtained an LL.M. degree in International Business Law from the Central European University in 2017, and his PhD at the University of Sarajevo in 2023. He completed traineeships at the Constitutional Court of the Federation of Bosnia and Herzegovina and the Supreme Court of the Federation of Bosnia and Herzegovina. Before the commencement of his doctoral studies, Nasir has experience in the fields of media and telecommunications law, civil litigation, intellectual property law, commercial contract drafting, and regulatory compliance.