Checks / Obligations / Be ready for a liability claim
Obligation · 12 controls · 4 laws
Be ready for a liability claim
If an AI output causes harm, you must be able to show what happened, why, and that you took reasonable care.
What to put in place
Keep records that trace every AI incident to the decision that caused it, and check supplier contracts cover AI failures.
Policy wording you can use
[your organisation] can trace any AI incident to the decision that caused it, keeps the records needed to defend a claim, and holds supplier contracts and insurance that cover AI model failures.
Prove it once
Describe or link the evidence that this is in place: the policy, the page, the document reference. It is sealed once and applied to all 11 controls here that take a yes or a document (the rest need their own number or date and are listed after).
Every control that asks for this
AI liability and damages
- Negligence - duty-of-care risks from AI outputs assessed
- UCTA 1977 s.2(1) - no exclusion of liability for death or injury caused by AI
- UCTA 1977 s.11 - AI liability caps reasonable and documented
- Civil Liability (Contribution) Act 1978 - supplier and deployer responsibilities split in contract
- Supplier contracts - indemnities cover AI model failures
- Equality Act 2010 s.136 - records able to answer a discrimination claim
- Causation - each AI incident traced to the decision that caused it
EU Product Liability Directive
- PLD - modifications reviewed (a substantial modification makes you the manufacturer)
- PLD - supplier contracts cover liability and evidence sharing
- PLD - records kept >= 10 years (the liability period)